High Court Of ChhattisgarhMCRC/7039/2021allowed

Lalla Lehre v. State Of Chhattisgarh

2021-11-12Hon'Ble Shri Justice Gautam Chourdiya2 pages

M.Cr.C. No. 7039 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7039 of 2021 • Lalla Lehre, aged about 25 years, S/o Devlal @ Deva Lehre, R/o Village Chirauti, Tahsil Patharia, District Mungeli (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through: P.S. Sigma, District Balodabazar-Bhatapara (C.G.) ---- State/Non-Applicant For Applicant :

Shri B.L. Dembra, Advocate For Non-Applicant/State :

Shri Anand Verma, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 12.11.2021

1. The applicant has preferred this second bail application under Section 439 of Cr.P.C. as he is in jail since 25.02.2021 in connection with Crime No. 414/2020 registered in Police Station Simga, District Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 457, 380, 34 of IPC.

2. The first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 16.07.2021 passed in M.Cr.C. No. 3316 of 2021. However, this Court had granted liberty in favour of the applicant to file a fresh application as and when occasion arises.

3. Allegation against the present applicant is that on 21.11.2020 in the night he had stolen the cloths, shoes and cash amount of Rs.4,55,000/- from the cloths shop of complainant namely Sanjay Dewangan.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 25.02.2021, charge-sheet has already been filed and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail

M.Cr.C. No. 7039 of 2021 by this Court.

5. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has two criminal antecedents.

6. I have heard learned counsel for the parties.

7. Having regard to the facts and circumstances of the case, considering the nature of allegation against the present applicant, the detention period of the applicant who is 25 years old, the fact that there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels, charge-sheet has already been filed and conclusion of trial may take some time, without commenting anything on merits of the case, this second bail application is allowed.

8. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.

he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall not involve himself in any offence of similar nature in future.

9. Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar nature of offence.

Sd/- (Gautam Chourdiya) Judge vatti