Allowed

Veeru @ Heeru @ Jhoolt v. State of Chhattisgarh

Chhattisgarh HC16 Jun 2020MCRC/2864/2020

Case brief

AI extract

What is this about?

In an application for regular bail under Section 439 Cr.P.C., the High Court of Chhattisgarh allowed the grant of bail to the applicant accused of theft and related offences. The court directed the furnishing of a personal bond with one surety, subject to conditions regarding prior bonds issued during the COVID-19 lockdown.

What did the court decide?

Bail granted on furnishing a personal bond of Rs.50,000/- with one surety in like sum, subject to compliance of the Supreme Court's order on COVID-19 in prisons.

Veeru @ Heeru @ Jhoolt Vs State of Chhattisgarh — Property and Title | Chhattisgarh HC (2020)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2864 of 2020

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Veeru @ Heeru @ Jhoolt aged about 22 years, S/o Bhurva Sawara, R/o Village Bairagpara Ward No. 10 Pandaria, P.S. Pandaria, District Kabirdham(CG)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer Jarhagaon, District Mungeli (CG)

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---- Respondent

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For Applicant : Shri Ajay Ayachi, Advocate For Respondent/State : Shri Sameer Sharma, Dy. G.A.

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Hon'ble Smt.Justice Rajani Dubey Order On Board

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16.6.2020

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The default pointed out by the Registry is overruled.

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Heard.

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Admit.

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This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.288/2019, registered at Police Station, Jarhagaon, District Mungeli (CG) for the offence punishable under Sections 457, 380, 511 of the IPC.

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As per the case of prosecution, a complaint has been lodged by Punjab National Bank, Barela that somebody has broken wall and entered in to Bank premises and tried to commit theft. On investigation, the applicant has been arrested.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that yet charge sheet has not been filed and the

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applicant is in jail since 14.1.2020; and trial is likely to take some time for its final disposal, therefore, the applicant may be released on bail.

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

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Perused the entire material available on record.

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Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; detention period of the applicant and yet charge sheet has not been filed, I am of the opinion that present is a fit case to release the applicant on bail.

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

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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.

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It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not

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furnished the bail bonds earlier, then he will be required to

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furnish bail bonds within four weeks from today.

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