Uttam Chakravarty v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9010 of 2020 • Uttam Chakravarty, S/oShri Sameer Chakravarty, Aged About 29 Years, R/o Gandhi Nagar, Pandri, Police Station Civil Line District Raipur (C.G.).

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Vidhan Sabha, District Raipur (Chhattisgarh). ---- Respondent For Applicant : Mr. C.R. Sahu, Advocate For Respondent/State : Mr. R.K.Sahu, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.03.2021

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 143/2020 registered at Police Station- Vidhan Sabha, District Raipur (C.G.) for the offence punishable under Sections 365, 392, 342 of IPC and Section 25, 27 Arms Act.

2. Earlier, the first bail application of the applicant was dismissed vide order dated 17.09.2020 passed in MCRC No. 5098/2020 by this Court.

3. The prosecution story, in brief is that, it has been alleged that the on 15.06.2020 at 00.30 AM, he committed loot of complainant's truck bearing registration No.CG-04-MA-9834 as also case of Rs. 1200/- and also abducted conductor of the truck. Based on this offence has been registered against the applicant and he has been taken into custody on 15.06.2020.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that the applicant is in jail since 15.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by him is of serious in nature, therefore, no case is made out for grant of bail.

6. I have heard learned counsel for the parties and perused the record.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 15.06.2020, 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.

8. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/-, with one local 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.

Sd/- (Rajani Dubey) Judge Ruchi