Chattisgarh High Court
Shankar Panka vs State Of Chhattisgarh on 22 August, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4647 of 2023
Shankar Panka S/o Late Shri Lakhan Das Devdas Aged About 38 Years
R/o Satbahiniya Gali, Shriram Chowk, Tikrapara, Raipur, District Raipur
(C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station
Khamtarai, District Raipur (C.G.)
---- Respondent
For Applicant : Mr. C. R. Sahu, Advocate For State : Smt. Smriti Shrivastava, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 22/08/2023
1. This is the first bail application filed u/s 439 of Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No.587/2022 registered at Police Station Khamtarai, District Raipur (CG) for the offence punishable under Section 379, 34 of IPC.
2. The case of prosecution is that complainant Vinit Bothara lodged a report before the Police Station alleging that on 26.07.2022 his motorcycle which was parked on his house street was stolen by unknown person. Based on this, the Police registered a case and investigated the matter and on 09.12.2022 the applicant was arrested for the said offence.
3. Learned counsel appearing for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He submits that co-accused Rishabh Manvatkar has already been 2 released on bail by this High Court. He further submits that present applicant is in jail since 09.12.2022 and there is no likelihood of the trial to be concluded at the earliest, therefore, prays for the applicant to be released on bail.
4. State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicant does not deserve to be released on bail.
5. Heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the entire facts and circumstances of the case, particularly the fact that co-accused Rishabh Manvatkar has already been released on bail and the applicant is in jail since 09.12.2022 and there is no likelihood of the trial being concluded at the earliest, this Court is of the opinion that prima facie, a case for grant of bail to the applicant has been made out.
7. Accordingly, the application for grant of bail is allowed. It is directed that the present Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till completion of the trial.
Sd/-
(Sanjay Kumar Jaiswal) JUDGE Khatai