Jitendra Das Manikpuri And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7482 of 2019

1. Jitendra Das Manikpuri, S/o Shri Taran Das Manikpuri, Aged About 31 Years, R/o Village - Baldakachar, Police Station- Kasdol, Tahsil & District Balodabazar Chhattisgarh.

2. Lav Kumar, S/o - Shri Santosh Dhru, Aged About 24 Years, R/o Village - Amethi, Police Station - Arang, Tahsil & District Raipur Chhattisgarh.

3. Vivek Chandrakar, S/o Shri Makhan Chandrakar, Aged About 19 Years, R/o Village - Baldakachar, Police Station- Kasdol, Tahsil & District Balodabazar Chhattisgarh.

4. Alok Ogare, S/o Shri Sikandar Ogare, Aged About 19 Years, R/o Village - Amethi, Police Station- Arang, Tahsil & District Raipur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through: Police Station - Mahasamund, Tahsil - Civil & Revenue District & District Mahasamund Chhattisgarh. ---- Respondent For Applicants : Mr. Jameel Akhtar Lohani, Adv.

For Respondent/State : Mr. Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09.01.2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 424/2019 registered at Police Station Mahasamund, District Mahasamund (C.G.). for the offence punishable under Sections 341, 393/34 of I.P.C.

2. The prosecution story, in brief is that, on 04.11.2019 at about 9 PM during transportation of iron-bar from Orissa to Mumbai, complainant has been stopped by four boys and demanded for documents and tried to snatch money from his pocket. On hearing shouting, the owner of dhaba Karnail Singh came and all other

truck drivers stopped their trucks to which all boys left the scene of occurrence. Thereafter, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that charge-sheet has already been filed. The offence has been triable by the Judicial Magistrate First Class. The applicants are in jail since 05.11.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the offence has been triable by the Judicial Magistrate First Class. The applicants are in jail since 05.11.2019 and 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 applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi