Krishna Das Mahant Vs State of Chhattisgarh

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HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 522 of 2024

Krishna Das Mahant S/o Phool Das Mahant Aged About 25 Years R/o Village Madwadhodha, Police Station Bankimongra, Tahsil And District Korba (C.G.).

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Police Station Deepika, District : Korba, Chhattisgarh.

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---- Respondent For Applicant : Mr. Navneet Yadav, Advocate For State : Mr. Ajeet Singh,G.A. ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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05.02.2024

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The applicant has preferred the Third bail application under Section 439 of CrPC for grant of regular bail, as he is in jail since 03.07.2022 in connection with Crime No. 119/2022 registered at Police Station-Deepika District- Korba (C.G.) for the offence punishable under Sections 395, 506/34 of I.P.C.

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The First Bail application of the applicant was dismissed by this Court vide order dated 31.01.2023 in MCRC No. 10879/2022 and the Second Bail application was dismissed by this Court vide order dated 25.08.2023 in MCRC No.4511 of 2023.

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As per the prosecution case, the allegation against the present applicant is that he along with co-accused persons entered the premises of ACB Company by cutting fencing threatened the complainant, who was on duty of guard and looted 82 K.G. Copper Winding Wire kept inside the workshop.

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Mr. Navneet Yadav, learned counsel for the applicant submits that the applicant is in jail since 03.07.2022 tiil date and the trial has not concluded yet. Apart from this, he submits that after the rejection of the earlier bail applications, witness of the seizure and other material witnesses have been examined and the witness of the seizure

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2

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has not supported the case of the prosecution. Apart from this, he submits that the bail application of the co-accused/Santlal Gond has been allowed in MCRC No. 9211/2022 order dated 14.11.2022. He submits that the trial is progressing with the slow speed and it will take considerable time to conclude and looking to the detention period the applicant may be released on bail and he is ready and willing to comply with any of the condition imposed by this Court while granting bail to the applicant.

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

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

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Considering the facts and circumstances of the case, considering the rival submissions made by counsel for parties, looking to the detention period and other co-accused have already released on bail by this Court. I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

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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 also made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future. Applicant will not leave the State without the permission of Trial Court.

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Certified copy as per rules.

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Sd/-

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(Sachin Singh Rajput ) Judge

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H.Ansari

Krishna Das Mahant v. State of Chhattisgarh

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Krishna Das Mahant v. State of Chhattisgarh

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