Shatrughan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6523 of 2020 • Shatrughan S/o Dukalaha Dewangan, Aged About 50 Years R/o Sundar Nagar, Raipur, Police Station D.D. Nagar, Raipur, District Raipur (Chhattisgarh).

---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Of Police Station Ghumkka, District - Rajnandgaon (Chhattisgarh). ---- Respondent ___________________________________________________________________ For Applicant :

Shri Anil Gulati, Advocate For State :

Shri Ravish Verma, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/10/2020

1. Heard on application for grant of bail.

2. The applicant has been arrested on 23.06.2020, on the allegation of having committed offence under Sections 135-1(A), 139, 137, 140 of c.g. electricity Act. He moved this application for grant of bail in connection with Crime No.41/2020 registered at Police Station- Ghumka, District- Rajnandgoan (C.G.).

3. The prosecution story in brief is that, the applicant knowingly purchased one land property which was reserved for supply of electricity by the Electricity Board.

4. Learned counsel for the applicant would argue that the applicant is innocent and he has been falsely implicated in the crime in question. He further submits that the false seizure memo has been prepared by the police in order to rope the applicant in the criminal case. He next submits that the applicant is in jail since 23.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the allegation against the applicant is of serious in nature, therefore, no case is made out for grant of bail.

6. I have heard learned counsel for the parties and considered material disclosed from the case diary. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant and further considering that the applicant is in jail since 23.06.2020 and trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the applicant is allowed. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) The applicant shall not in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Nadim