Allowed

Upendra Kumar @ Ankit v. State of Chhattisgarh

Chhattisgarh HC15 Jun 2020MCRC/986/2020

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed bail application of an accused charged with theft under Sections 379 & 411 IPC. The Court considered the nature of offence, gravity, facts, and circumstances, including the applicant's custody since January 2020 and the likelihood of trial taking time, and deemed it a fit case for release on bail.

What did the court decide?

Applicant released on bail via personal bond of Rs. 50,000/- with one local surety of similar amount; appearance before trial court directed.

Upendra Kumar @ Ankit Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 986 of 2020

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Upendra Kumar @ Ankit, S/o Dhubai, Aged About 23 Years, R/o Mohan Colony, Quarter No. 98, Chirmiri, Distrct- Korea (C.G.).

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---- Applicant Versus

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State of Chhattisgarh Through: Station House Officer, Police Station - Katghora, District- Korba, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Pawan Kesharwani, Adv. For Respondent/State : Mr. Ayaz Naved, G.A.

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Hon'ble Smt. Justice Rajani Dubey

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Order on Board

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15.06.2020

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The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 363/2019 registered at Police Station- Katghora, District- Korba (C.G.) for the offence punishable under Sections 379 & 411 of IPC.

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The prosecution story, in brief is that, it is alleged that the present applicant has committed theft of a mobile. Thereafter, offence has been registered against the present applicant and he has been taken into custody.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no criminal antecedent against the applicant and the applicant is in jail since 24.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the

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allegation against him is of serious in nature, therefore, no case is made out for grant of bail.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 24.01.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

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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 23.03.2020 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 furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today.

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Certified copy, as per rule.

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Ruchi

Upendra Kumar @ Ankit v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Upendra Kumar @ Ankit v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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