High Court Of ChhattisgarhMCRC/7145/2019allowed

Mannu Manjhi v. State Of Chhattisgarh

2020-01-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7145 of 2019 • Mannu Manjhi S/o Uday Ram Manjhi Aged About 35 Years R/o Village Bijemal, Police Station Sankara, Tahsil Pithora, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Sankara, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent For Applicant : Shri Raghavendra Pradhan, Advocate For Respondent/State : Shri Anil Tripathi, PL` Hon'ble Smt. Justice Rajani Dubey Order On Board 06/01/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.16/2019 registered at police station Sankara, district Mahasamund (CG) for the offence punishable under Sections 450, 380, 342, 34 IPC.

Case of the prosecution in brief is that report was lodged by complainant Brijlal Sahu alleging that when he along with his wife and brothers went to their fields, some unknown persons entered their house and committed theft of Rs. 50,000/- after breaking the lock of almirah and on suspicion, the applicant has been arrested.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that similarly placed co-accused have already been granted bail by this Court in M.Cr.C. Nos. 5465/2019, 5762/2019 and 6311/2019 vide order dated 17.10.2019 and therefore the applicant may also be granted the same benefit. He submits that the applicant is in jail since 17.07.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna