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High Court Of ChhattisgarhMCRC/7498/2017allowed

Chiranjeev Manjhi v. State Of Chhattisgarh

2018-01-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7498 of 2017 Chiranjeev Manjhi, S/o. Nirmal Manjhi, Aged About 22 Years, R/o. Village Bijemal, Police Station : Sankra, Tahsil - Pithoura, District - Mahasamund Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station -Sankra, District -Mahasamund Chhattisgarh.

---- Respondent For Applicant : Mr. Gurudev I. Sharan, Advocate For Respondent/State : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/01/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.131/2017, registered at Police Station - Sankra, District - Mahasamund (C.G.) for the offence punishable under Section 436, 457, 380 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant on the basis of the material available on record of the prosecution case and he is in jail since 20.08.2017, charge-sheet has been filed after completion of investigation and the trial of the case is likely to take sometime for its completion, applicant is ready and willing to comply all the directions as imposed while enlarging him on bail. Hence, for this reason, it is prayed that the applicant be enlarged on regular bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that there is clear evidence against the applicant for his prosecution, hence, he is not entitled for grant of bail.

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

The brief facts of the case are that the applicant set-fire to the Gram Panchayat Bhawan, Sapose and committed theft of cash and other articles. Cash and some articles have been recovered from the applicants, hence, he is being prosecuted.

6.

Considered the submissions made and the contents of the case diary. As there is no criminal antecedents of the applicant, who is young man of 22 years, he is local resident of District - Mahasamund and the trial of the case is likely to take some time for its completion, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram