Roopdas Manikpuri v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.9366 of 2020 Roopdas Manikpuri S/o Shri Makhan Das Manikpuri Aged About 22 Years R/o R. D. A. Colony, Indraprasth, Diprapara, Raipura, Raipur District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, Raipur District Raipur Chhattisgarh ---- Respondent For Applicant :

Shri P.K. Patel, Advocate For Respondent/State :

Shri K.K. Singh, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/04/2021 Heard.

1. The applicant has been arrested in connection with Crime No.103 of 2020 registered at Police Station- Azad Chowk, Raipur, District Raipur (CG) for the alleged commission of offence under Section 457, 380 of IPC.

2. Prosecution case is that the applicant has stolen cash of Rs.2,70,000/- along with gold, silver ornaments, Bank cheque and another papers of the victim.

3. Learned counsel for the applicant would submit that he has been falsely implicated and false seizure has been made against him. Investigation is complete, charge-sheet has been filed, therefore, at this stage, the applicant may be granted bail as he is in jail since 12.05.2020 and trial has not been concluded till date.

4. On the other hand, learned State counsel opposes the bail application and submits that prima facie case is made out against the present applicant as there is seizure of stolen items including cash, jewelery etc. in presence of independent witnesses. He would further submit that there is a criminal antecedent of applicant earlier involved in commission of offence under Section 294, 506 & 323 of IPC.

5. Taking into consideration the submission of learned counsel for the parties,

-2particularly taking into consideration the nature of allegation and gravity, value of articles stolen, period of pre-trial detention and that trial has not concluded till date, the application is allowed.

6. 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 one local surety 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