Indra Bhan v. State Of Chhattisgarh

MCRC No. 8078 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8078 of 2020 • Indra Bhan S/o Fulaina Ram Aged About 29 Years R/o Rajeev Nagar, Chawni Bhilai P.S. Jamul Tehsil And District Durg Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. District Magistrate Durg, District Durg Chhattisgarh ---- Respondent For Applicant Mr. BP Singh, Advocate For Respondent /State Mr. Alok Nigam, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 10/2/2021

1. Heard.

2. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.363/2019, registered at police Station Jamul, District Durg (CG) for the offence punishable under Sections 458, 392 of the IPC.

3. The earlier application was dismissed vide order dated 4.9.2020 passed in MCRC No.3751/2020 for want of prosecution.

MCRC No. 8078 of 2020

4. The applicant committed lurking house trespass at about 2:30 a.m. in the midnight of 5.7.2019 & 6.7.2019 and committed loot of Rs.22,330/- and a bicycle from complainant Sevak Ram Dehadi.

5. Although learned counsel for the State would report five criminal antecedents of the applicant, but those antecedents do not involve any heinous crime.

6. In the present case, the applicant is in jail since 21.9.2019 and the offences are triable by the Judicial Magistrate First Class, therefore, considering the length of pre-trial detention, I am inclined to release the applicant on regular bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

8. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna