Ritik Keshwani @ Babbu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6547 of 2020 Ritik Keshwani @ Babbu S/o Shri Chandrabhan Keshwani Aged About 20 Years R/o House No. 138 R.D.A. Colony, Boriya Khurd, P.S. Tikrapara, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Telibandha, Raipur, District - Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Ajay Kumrani, Advocate For State :

Shri Alok Bakshi, Addl. A.G.

S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/10/2020 Heard.

1. The applicant is arrested in connection with Crime No.255/2020 registered in Police Station - Telibandha, Raipur, District -Raipur (CG) for alleged commission of offence under Sections 392, 34 IPC.

2. Case of the prosecution, in brief, is that the applicant and co- accused looted mobile phone from complainant, which is stated to be valued Rs.2500/-

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case. He has not committed any such offence. It is submitted that the investigation is complete and charge sheet has also been filed and there is no allegation of misusing of liberty of temporary bail earlier granted to him by this Court. Therefore, at this stage, the applicant may be released on permanent bail.

4. On the other hand, learned counsel for the State opposed the bail application

-2by submitting that in view of statement of the complainant and recovery of mobile from the possession of applicant, prima facie case is made out against the applicant.

5. Taking into consideration the submissions made by learned counsel for the parties, taking into consideration the nature of allegation, article and value of articles alleged to have been looted, considering that the investigation is complete, charge sheet has been filed and the applicant otherwise is on temporary bail, there being no specific allegation of misuse of temporary bail, I am inclined to allow the application.

6. The application is accordingly allowed. The applicant is granted bail on the same terms and conditions on which temporary bail was granted to him on 28.9.2020.

7. The applicant shall also abide by following conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/-/-/-/------ (Manindra Mohan Shrivastava) Judge Praveen