High Court Of ChhattisgarhMCRC/248/2021allowed

Ajay Kumar Kurre v. State Of Chhattisgarh

2021-06-18Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.248 of 2021 Ajay Kumar Kurre S/o Saheb Lal Kurre, Aged About 25 Years R/o Village Birgahani (B), Police Station Baloda, District Janjgir - Champa Chhattisgarh, ---- Applicant

Versus

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

Shri Punit Ruparel, Advocate For Respondent/State :

Shri Lalit Jangde, Dy. G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/06/2021 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.217/2020 registered at Police Station- Baloda, District Janjgir Champa for the offence under Sections 395/34 of IPC.

2. Prosecution case is that the applicant and co-accused looted Rs.5,000/- and 50 litres of diesel.

3. Learned counsel for the applicant would submit that in the present case, the applicant is facing trial. He was arrested on 07.09.2020 till now, trial has not been concluded, co-accused similarly situated as the present applicant namely Pawan Kumar Baghel has been granted bail by the Coordinate Bench vide order dated 10.12.2020 in M.Cr.C. No.7395 of 2020. Therefore, at this stage, applicant may be granted bail.

4. On the other hand, learned State counsel opposes the prayer and submits that the applicant is being tried for commission of serious offence.

5. Taking into consideration the totality of the circumstances, period of pre-trial detention, amount and property involved in the alleged loot and that trial is not likely to be concluded early and further taking into consideration that

-2previous antecedent is not relating to commission of similar offence, 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.50,000/- 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