Vishnu Nishad v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8129 of 2020 Vishnu Nishad S/o Shri Mishri Lal Nishad Aged About 43 Years R/o Rajeev Nagar, P. S. Vaishalinagar, Tehsil And District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, District Durg Chhattisgarh ---- Respondent For Applicant :

Shri Avinash Chand Sahu, Advocate For Respondent/State :

Shri Anurag Verma, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/02/2021 Heard.

1. The applicant has been arrested in connection with Crime No.93/2020 registered at Police Station- Supela, District Durg (CG) for the alleged commission of offence under Section 392, 397, 506 of IPC.

2. This is second application for grant of bail. Earlier bail application was dismissed as withdrawn with liberty to revive.

3. Case of the prosecution is that the applicant and co-accused looted Rs.3000/- from the complainant/victim on the point of a knife.

4. Learned counsel for the applicant would submit that the applicant has been falsely implicated. He has not committed any such offence. It is submitted that investigation is complete, charge-sheet has been filed long back and the applicant is in jail since 06.02.2020 and the trial has not been concluded, till date, therefore, on this ground, the applicant may be granted bail imposing appropriate condition.

5. On the other hand, learned counsel for the opposes the prayer and submits that looking to the nature of allegation against the applicant and co-accused

-2looting Rs.3000/- on the point of knife, a prima facie case is made out in view of material regarding identification.

6. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that investigation is complete, chargesheet has been filed, amount alleged to have been looted and that the applicant is in jail since 06.02.2020 and trial is not likely to be concluded early, the application is allowed.

7. 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 two local sureties 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