Harish Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7307 of 2020 • Harish Verma S/o Shri Itwari Verma Aged About 19 Years R/o Ward 44, Block 1, Sadak- 6, Sector-5, Bhilai, District Durg (Chhattisgarh), District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Bhilai Nagar, District - Durg (Chhattisgarh), District : Durg, Chhattisgarh ---- Respondent For Applicant : Shri Purnendra Khichariya, Advocate For Respondent/State : Shri Vimlesh Bajpai, G.A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 07.01.2021

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested on 15.09.2020 in connection with Crime No.357/2020 at Police Station- Bhilai Nagar, District- Durg (C.G.) for the offence punishable under Section 457, 380 of IPC.

2. The allegation against the applicant is that he has stolen the articles D.T.H. receiver, LCD TV, amplifier mike, C.D. player, drill machine, one silver ring, 2 pieces of golden locket and other articles valued of Rs. 45,000/-

3. Learned counsel for the applicant submits that the allegations against the applicant is false and fabricated, he is falsely implicated in the case. He submits that his name in not mentioned in FIR and only on the basis of memorandum of co-accused the applicant has been arrested and that the conclusion of the trial is likely to take some time, therefore, at this stage, he may be granted bail.

4. On the other hand, learned State Counsel opposes prayer for grant of bail.

5. Having considered the submission made by learned counsel for the parties, taking into consideration the nature of allegation and detention period of the applicant and the fact that the conclusion of the trial is likely to take some time, therefore, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, he is directed to appear before the Trial Court on each and every date given to him by the said Court, till disposal of the trial.

6. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- Sd/- (Gautam Chourdiya) Judge Nadim