Manish Basor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5601 of 2019 • Manish Basor S/o Shri Devi Prasad Basor Aged About 23 Years R/o House No. 135/k, Ganesh Chowk, Krishna Nagar, Ward No. 5, Ganesh Chowk, Supela, Post And P. S. Supela, Bhilai, Tahsil And District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Chhawani, District Durg Chhattisgarh.

---- Respondent For Applicant :

Mr. Malay Jain with Mr. R.S. Patel, Advocate.

For Respondent :

Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 22/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 132/2017 registered at Police Station - Chhawani, District Durg (C.G.) for the offence punishable under Sections 394, 120- B of IPC and Sections 25 & 27 of Arms Act. • The prosecution story in brief is that, the complainant has lodged a report before the concern police station alleging that while he was going to deposit the amount of Rs. 9,19,000/- in Union Bank Supela, at that time, three unknown persons came there by motorcycle bearing registration No. C.G.06 BL 1324 and looted the said amount by using fire arms. On that basis, offence has been registered against the applicant and he was arrested on 08.03.2019.

• Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that other co-accused namely Mahmood Ahmed @ Chhotu has already been granted bail by this Court in MCRC No. 5709/2019 on 06.11.2019 and the applicant is ready to furnish adequate security & shall abide by all the directions & conditions which may be imposed by this Court while granting bail. Applicant is in jail since 08.03.2019, therefore, the present applicant may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the fact that the other co-caused has already been granted by this Court and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. • Accused/applicant is directed to be released on bail on his executing personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu