Meghnath @ Pawan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No. 116 of 2019 Meghnath @ Pawan S/o Deena Singh, aged about 27 years, R/o village Tikri, P.S. Arjunda, Tehsil Gunderdehi, District Balod (C.G.). ---Applicant

Versus

State of Chhattisgarh, Through District Magistrate, District - Rajnandgaon (C.G.), P.S. Lalbagh, District Rajnandgaon (C.G.). ---Respondent For applicant :

Shri Vijay Kumar Sahu, Advocate.

For resp./State :

Shri Rahul Mishra, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/01/2019 1.

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No. 214/2017 registered at Police Station Lalbag, District Rajnandgaon (C.G.) for the offence punishable under Sections 380, 457, 120-B, 420, 467, 468, 471, 401 & 201 of IPC. 2.

Present applicant is in jail since 14/11/2017. 3.

The case of the prosecution against the present applicant is that, the present applicant in connivance with the other accused person is said to have committed theft of Tractors and used to sell the said stolen Tractors to different persons in different villages by preparing fake documents. 4.

The counsel for the applicants submits that, the present applicants have already remained in custody for a period of more than 1 year and 2 months. He further submits that, except for the memorandum statement of co-

accused, there does not appear to be any material which the prosecution has collected during the course of investigation. He further contended that, the applicant also has been made accused person in another crime number in the same police station i.e. crime No. 326/2017 wherein this Court had already granted bail to the applicant vide order dated 08/01/2019 in MCRC No. 10009/2018.

5.

The State counsel however opposing the bail application submits that, the applicant is a part of big racket and in the commission of organized crimes and thus prayed for rejection of the bail application. 6.

Having heard the contentions put forth on either side and on perusal of record, particularly taking into account the nature of allegation, the material collected in the course of investigation and also taking note of the fact that no substantial piece of material could be extracted from the witnesses who have been examined till now, so also considering the period of custody undergone this Court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to the present applicant. 7.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the Trial Court on each and every date given by the said court. Sd/- (P. Sam Koshy) Sumit JUDGE