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High Court Of ChhattisgarhMCRC/550/2018allowed

Mukesh Sahu And ANR. v. State Of Chhattisgarh

2018-03-22Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 550 of 2018

1. Mukesh Sahu, S/o Ghasiram Sahu, aged 28 years,

2. Smt. Rinki Sahu, W/o Mukesh Sahu, aged about 20 years, Both R/o Nehru Nagar, Balco P.S. Balco, Civil and Revenue DistrictKorba (C.G.) ---- Applicants

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Balco Nagar, District- Korba, Chhattisgarh ---- Respondent For Appellant :

Mr. Amit Kumar Chaki, Advocate For Respondent :

Mr. UKS Chandel, PL for the State Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 22/03/2018 1.

Heard.

2.

The applicant has preferred this application filed under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 334/2017 registered at Police Station- Balco Nagar, DistrictKorba (C.G.) for the offence punishable under Section 384 read with Section 34 of IPC and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

3.

On 22/12/2017, complainant - Nitish Jangde had lodged a FIR against the applicants alleging that after two days of Dashera Festival, when he went to the house of the applicants, he was given a medicine, which on the influence of the applicant, he consumed and as a result,

he was intoxicated and was asked to bring valuable ornaments from his house. He was also given threat to kill. He brought valuable ornaments from his parental aunt's house and handed over it to the applicants. On the said report, the police registered the crime and the applicants were arrested on 24/12/2017.

4.

Learned counsel appearing on behalf of the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case. Charge-sheet has already been filed and the trial will likely to take some time to conclude, therefore, they may be released on bail.

5.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

6.

I have heard learned counsel for both the parties. 7.

Considering the facts and circumstances of the case, particularly considering the fact that charge-sheet has already been filed; the applicants are in jail since 24/12/2017; and the trial will likely to take some time to conclude, this court is inclined to release the applicant on bail.

8.

Accordingly, MCRC. No. 550/2018 is allowed. It is directed that the applicants shall be released on bail on their executing personal bond for a sum of Rs. 10,000/- with one surety each for the like amount to the satisfaction of the trial Court. Thereafter, they will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul