Suraj Kumar & ANR. v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 81 of 2020

1. Suraj Kumar & Anr. S/o Radheshyam Chandra Aged About 19 Years R/o Ward No. 12, Shital Chowk, Jaijaipur, Thana And Tahsil Jaijaipur, District Janjgir-Champa, Chhattisgarh.

2. Ikrar Khan S/o Late Sattar Khan Aged About 22 Years R/o Ward No. 10, Mohalla Amapali, Jaijaipur, Thana And Tahsil Jaijaipur, District Janjgir-Champa, Chhattisgarh. ----Applicants

Versus

• The State Of Chhattisgarh, Through : Police Station Jaijaipur, District Janjgir-Champa, Chhattisgarh.

---- Respondent For Applicants :

Mr. Parag Kotecha, Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/02/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 170/2019 registered at Police Station-Jaijaipur, District-JanjgirChampa (C.G.) for the offence punishable under Section 394/34 of the IPC.

2. The prosecution story, in brief is that, the complainant lodged a report that when the complainant withdraw Rs. 49,000/- from State Bank, Jaijaipur and was going to his house at about 11:40 O'clock the accused/applicants followed him and at the place of incident, applicants assaulted with hands and fists to the complainant and committed robbery of Rs. 49,000/- and the key of his bike. Based on this, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in

the crime in question. He further submits that the applicants are in jail since 04.10.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the applicants are in jail since 04.10.2019 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 applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu