Chattisgarh High Court
Naahar Singh Mavi vs State Of Chhattisgarh on 14 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 665 of 2023
1) Naahar Singh Mavi S/o Shri Sur Singh Mavi Aged About 19 Years R/o
Village Ukala, Thana Tanda, Tehsil Kukshi District Dhar (M.P.)
2) Sumal Masadiya S/o Shri Karan Singh Masadiya Aged About 19 Years R/o
Village Guradiya, Thana Tanda, Tehsil Kukshi, District Dhar (M.P.)
---- Applicants
Versus
State Of Chhattisgarh Through Station House Office, Thana Vidhansabha,
District Raipur (C.G.)
---- Respondent
For the Applicants : Mr. Mahesh Kumar Mishra, Advocate For U.O.I : Mr. Vinod Tekam, P. L. Hon'ble Shri Justice Sachin Singh Rajput Order On Board 14.02.2023
1. The applicants have preferred the first bail application under Section 439 of CrPC for grant of regular bail as they are in jail since 14.11.2022 in connection with Crime No.445/2022 registered at Police Station- Vidhansabha District- Raipur (C.G.) for the offence punishable under Sections 457, 380 & 34 of IPC.
2. The case of prosecution in short, is that some unknown persons have broken the locks of House No.2 & 4 Kapil Block House No.D/01, D/02 and D/06 of Dronacharya Block and also broken the lock of Hanuman Mandir and have stolen valuable property like gold and silver jewelry and cash. Therefore, FIR has been registered.
3. Learned counsel for the applicants submits that the applicants have not committed any offence and have been falsely implicated in the case. He submits that applicant No.1 is not seen in CCTV footage and from his possession nothing has been seized, however, applicant No.2 is seen in CCTV and Rs.500/- has been recovered from his possession, applicants are in jail since 14.11.2022, trial is not concluded as yet, therefore, they may be released on bail.
4. On the other hand, learned counsel for the State opposes the bail application and submits that looking to the allegations, their application may be rejected.
5. I have heard learned counsel for the parties and considered their rival 2 submission.
6. Considering the totality of the facts and circumstances of the case, looking to the nature of allegations, detention period, trial may take some time, without commenting anything on merits of case, I am inclined to allow this bail application.
7. Accordingly, the bail application filed by applicants is allowed and it is directed that applicants shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- each with one local surety for the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.
8. It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is made clear that they shall not influence any of the witnesses acquainted with the facts of the case in any manner whatsoever, and that if anything like this comes to the notice of the Court below, it may cancel the bail granted to them. It is clear that the applicant and the surety shall submit a copy of his Adhaar Card along with a coloured postcard full size photo having printed the Adhaar number on it within 15 days, which shall be verified by the trial Court.
9. Certified copy as per rules. Sd/-
Sd/-
(Sachin Singh Rajput)
parul Judge