Manish Shriwas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6553 of 2020 • Manish Shriwas Son of Deenanath Aged About 35 Years Resident of Ward No. 11, Kodapara, Baramkela, Police Station and Tahsil-Baramkela, DistrictRaigarh (Chhattisgarh). ---- Applicant

Versus

• State of Chhattisgarh The Station House Officer, Police Station Sarangarh, District- Raigarh (Chhattisgarh).

---- Respondent ___________________________________________________________________ For Applicant :

Ms. Pushplata Khalkho, Advocate For State :

Shri Alok Bakshi, Addl. A.G.

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 07.11.2019, on the allegation of having committed offence under Sections 457, 380, 34 of I.P.C. He moved this application for grant of bail in connection with Crime No. 520/2019 registered at Police Station- Sarangarh, District- Raigarh (C.G.).

3. Prosecution case is that the applicant along with other co-accused committed theft of various gold and silver articles from the Ram Janki Mandir.

4. Learned counsel for the applicant would argue that the applicant has not been committed any offence and it is improbable that the applicant would have made attempt for commission of theft in a holy place like temple. He further submits that investigation is complete, charge-sheet has been filed and the applicant is in jail since 07.11.2019, therefore, at this stage, he may be granted bail.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that the applicant and another co-accused have been involved in the offence of theft of gold and silver articles in the Ram Janki Mandir, from the

possession of the applicant gold and silver articles, valuation amount about Rs. 12,000/- and Rs. 25,000/- have been recovered.

6. I have heard learned counsel for the parties and taking into consideration the nature of allegation, value of the stolen articles involved in the allege commission of offence, further taking into consideration that investigation is complete, charge-sheet has been filed and the applicant is in jail since 07.11.2019, it is a fit case for grant of bail.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one local sureties for the like amount to the satisfaction of the Trial Court on the condition 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