Mohan Das @ Sukhan Das v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7704 of 2020 Mohan Das @ Sukhan Das S/o Teju Das Aged About 23 Years R/o Village Dadgaon, Tahsil And Police Station - Lundra, District Surguja, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Lundra, District Surguja, Chhattisgarh ---- Respondent For Applicant :

Shri Amit Singh Chauhan, Advocate For Respondent/State :

Shri K.K. Pandey, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/12/2020 Heard.

1. The applicant has been arrested in connection with Crime No.03 of 2020 registered at Police Station- Lundra, District Surguja (CG) for the alleged commission of offence under Section 380, 457 of IPC.

2. Case of the prosecution is that the applicant had broken the lock of the principal room and stolen computer set, monitor, CPU, keyboard, mouse, printer and tablet total amounting to Rs.47,996/-.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence. The seizure are false and nothing has been seized from his possession. He would next submit that investigation is complete, charge-sheet has been filed and that the applicant is in jail since 21.01.2020 and that the trial has not been concluded till date, therefore, the applicant may be granted bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that recovery of various articles including computer, monitor etc. from the possession of the applicant in the presence of witness makes out a prima facie case.

-25. Taking into consideration the submission of learned counsel for the parties, nature of allegation, values of articles allegedly stolen by the applicant, investigation is complete, charge-sheet has been filed and that there is nothing to show that in the event of grant of bail, the applicant is likely to abscond, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further 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. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha