Manmohan Gopal v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1406 of 2020 • Manmohan Gopal, S/o Vanshugopal @ Bans Gopal, Aged About 65 Years, R/o WZ 294/9, G-Block, Harinagar, Jail Road, New Delhi, Present Address- Flat No. 3092, Tower No. 3, Parker Residency, Sector-61, G.T. Karnal Road, Kundli, District- Sonipat, Haryana. ---- Applicant

Versus

• The State of Chhattisgarh Through Station House Officer, Police Station Sarkanda, Bilaspur Chhattisgarh.

---- Respondent For Applicant : Mr. Hargovind Jha, Advocate For Respondent/State : Mr. Rakesh Kumar Sahu, Dy. G.A.

For Complainant : Ms. Shilpi Shrivastava (present in person) Hon'ble Smt. Justice Rajani Dubey Order On Board 14.01.2021

1. Heard on Admission.

2. Admit.

3. Also heard on an application under Sections 440 & 482 of Cr.P.C. seeking reduction of the amount of surety bond and modification of order dated 20.05.2020 passed in MCRC No. 1743/2020.

4. In order dated 20.05.2020, this Court had granted benefit of regular bail to the applicant and Accused/ Applicant was directed to be released on bail on his executing a personal bond in the like sum of Rs. 10,00,000/- with one local surety in the like sum to the satisfaction of the trial Court. He was directed to appear before the trial Court on each and every date given to him by the said Court.

5. Learned counsel for the applicant submits that since the applicant is permanent resident of Delhi and has no social connection or roots in

the society of Bilaspur (C.G.) therefore, he is not able to furnish local solvent surety. Hence, it is prayed that this Hon'ble Court may consider application filed under Sections 440 & 482 of Cr.P.C. and modify order dated 20.05.2020.

6. The complainant is present in person today and raised her written objection on application seeking reduction of the amount of surety bond and modification of order dated 20.05.2020 passed in MCRC No. 1743/2020. She placed a reliance in the matter of "(Ram Chandra Singh Vs. Savitri Devi & Ors. -(2003) SCC 319), (N. Khosla Vs. Raj Laxmi- AIR 2009 SC 1249) and S.P. Chengalvaraya Naidu (Dead) by Lrs. & Ors. (1994) 1 SCC 1.

7. On due consideration and for the reasons mentioned in the application the same is allowed. In order dated 20.05.2020, para 7 of the said order be read as " Accused/ Applicant is directed to be released on bail on his executing a personal bond in the like sum of Rs. 5,00,000/- with one solvent surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court." He is also directed to file his personal Voter ID and permanent correct address before the trial Court concerned.

8. The trial Court is at liberty to demand any other documents to secure the attendance of the applicant.

9. Accordingly, the instant petition is modified to the extent indicated hereinabove.

Sd/- (Rajani Dubey) Judge Ruchi