High CourtsSingle Bench

Pratapsingh vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 April 2020 · Citation: (2020) 04 CHH CK 0003

HON’BLE JUDGES
Prashant Kumar Mishra, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 379
RESULT
Disposed Of
CASE NUMBER
MCRC No. 2209 Of 2020
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Judgment

20 paragraphs · 295 words

@JUDGMENT-JUDGMENT

Prashant Kumar Mishra, J

1.

Heard.

2.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in

connection with Crime No.4/2020, registered at Police Station Saja, Dist. Bemetara (CG) for the offence punishable under Sections 379 of the Indian

Penal Code.

3.

Allegation against the applicant is that he committed theft of hiva truck bearing registration No.CG-04-JD-9602 belonging to the complainant Kumar

Sahu.

4.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would

submit that nothing has been seized from the possession of the applicant.

5.

Learned counsel appearing for the State would oppose the bail application.

6.

Considering the fact that the offence is triable by the Judicial Magistrate First Class and further considering the fact the applicant is in jail since 25-

2-2020, I am of the opinion that present is a fit case to release the applicant on regular bail.

7.

Accordingly, the bail application M.Cr.C.No.2209 of 2020 is allowed and the applicant is directed to be released on bail on his executing a personal

bond for a sum of Rs.1,00,000/- with two local sureties in the like amount to the satisfaction of the concerned on duty remand Magistrate. He is

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

8.

Consequently, I.A.No.1 application for grant of ad-interim bail, I.A.No.2 application for urgent hearing during the Lockdown period due to outbreak

of COVID-19 Pandemic and I.A.No.3 application for exemption for filing certified copy of the order dated 20-3-2020 of the Court below, stand

disposed of.

9.

Certified copy as per rules.