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High Court Of ChhattisgarhMCRC/7581/2019allowed

Raja @ Satyanarayan Patre v. State Of Chhattisgarh

2020-01-17Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7581 of 2019 • Raja @ Satyanarayan Patre S/o Ramesh Alias Gore Lal Patre Aged About 23 Years R/o Azad Chowk, Mangla, P. S. Civil Lines, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer P. S. Civil Lines, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Dev Ashish Biswas, Advocate For Respondent :

Shri Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.1.2020

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.695/2019 registered at Police Station -Civil LInes, District Bilaspur(C.G.) for the offence punishable under Section 436 of the IPC.

2. Case of the prosecution is that on 20.10.2019 in between 00.00 to 3.00 am, the present applicant set aside the garage on fire which is adjacent to the house of complainant Tribhuvan Srivas due to which 3 motorcycles and motor pump amounting to Rs.2,25,000/- have burnt.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He

submits that nothing has been seized from the possession of the applicant and he has been implicated on the basis of CCTV footage in which the image is not clear and appearing like the applicant. He submits that as the applicant is in custody since 20.10.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the detention period of the applicant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

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

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita