Omprakash Suryavanshi @ Nanu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Omprakash Suryavanshi @ Nanu S/o Panchram Suryavanshi Aged About 23 Years R/o Torva Basti, Police Station Torva, Tahsil And District Bilaspur Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Masturi, District Bilaspur Chhattisgarh. ---- Respondent For Applicant :- Mr. Rajneesh Kumar Shrivastava, Adv.

For Respondent-State :- Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 17/01/2020 1.The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 259/2018 registered at Police Station - Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 457, 380, 411 of the IPC.

2.The prosecution story, in brief, is that the present

applicant in association with other co-accused persons committed theft in the house of the complainant. Based on this, offence has been registered. The present applicant has been taken into custody on 20.08.2018.

3.Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the the applicant is in jail since 20.08.2018, he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicant may be released on bail. 4.On the other hand State counsel strongly opposes the bail application.

5.I have heard learned counsel for the parties and perused the entire material available on record. 6.Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicant is in jail since 20.08.2018 and as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7.Accused/applicant is directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. Applicant is directed to

appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ankit