Mithun Singh Nat & Another v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7684 of 2020

1. Mithun Singh Nat S/o Lt. Anand Ram Aged About 26 Years Caste - Nat, R/o Village Vijaynagar, Kandraja, Police Station - Kapu, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

2. Virendra Kumar Nat S/o Jagarnath Aged About 36 Years Caste - Nat, R/o Village Vijaynagar, Kandraja, Police Station - Kapu, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through - Station House Officer, Bagicha, District Jashpur, Chhattisgarh ---- Respondent For Applicants :

Shri Ajay Chandra, Advocate For Respondent/State :

Shri Lalit Jangde, Dy. G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/01/2021 Heard.

1. The applicants have been arrested in connection with Crime No.91 of 2020 registered at Police Station- Bagicha, District Jashpur (CG) for the alleged commission of offence under Section 379/34 of IPC.

2. Case of the prosecution is that amount of Rs.95,000/- has been recovered from the possession of the applicants.

3. Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated. He would next submit that investigation is complete, charge-sheet has been filed and that the applicants are in jail since 01.10.2020 and that looking to the maximum punishment which could be awarded in the alleged commission of offence, therefore, the applicants may be granted bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that from the possession of the applicant cash of Rs.95,000/- has been recovered, therefore, prima faice case is made out.

-25. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the nature of allegation and that the investigation is complete, charge-sheet has been filed and that the applicants are in jail since 01.10.2020, therefore, the application is allowed.

6. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha