Jeetu Pradhan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6178 of 2017 Jeetu Pradhan S/o Ganga Pradhan Aged About 19 Years R/o Rabarna, PS Kalinga Nagar, Jajpur (Odisha ) ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kusmi, District Balrampur Ramanujganj Chhattisgarh ---Respondent For Applicant :

Shri Jitendra Shrivastava, Advocate For Respondent/State :

Shri Satish Gupta, G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/11/2017 Heard.

1. The applicant has been arrested in connection with Crime No.30 of 2017 (as per challan) registered at Police Station- Kusmi, District BalrampurRamanujganj (C.G.) for the alleged commission of offence under Section 398, 420 & 511 of IPC.

2. Case of the prosecution is that the applicant attempted to commit robbery and also threatened the complainant with knife.

3. Learned counsel for the applicant would submit that the allegations are exaggerated, there was dispute between the applicant and the complainant, the applicant is engaged in selling of precious stone. He further submits that he has no criminal antecedent, investigation is complete, charge sheet has been filed and the applicant is in jail since 31.03.2017 and at this stage, when the trial is not completed, further detention is not necessary and the presence of the applicant which can be secured by putting appropriate condition, he may be granted bail.

-24. On the other hand, learned counsel for the State has opposed the bail application and submit that from the statement of the complainant, it is clear that the applicant was made to commit robbery on the point of a knife, therefore, applicant may not be granted bail.

5. Having considered the submission of learned counsel for the parties, in the absence of there being any criminal antecedent or commission of criminal case and submission that the applicant is engaged in the business of precious stone and the story is exaggerated, no injury sustained nor anything looted, the applicant is in jail since 31.03.2017, trial is not concluded, 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 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