Tilak Sahu & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 585 of 2020 • Tilak Sahu S/o Shri Firanta Sahu, Aged About 19 Years R/o Nearby Durga Mandir, Ganga Nagar, Police Station Khamtarai, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh • Mahendra Sinha S/o Late Ramlal Sinha, Aged About 19 Years R/o Nearby Hanuman Mandir, Ganga Nagar, Police Station Khamtarai, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh • Neelkamal Nirmalkar S/o Shri Nand Kumar Nirmalkar, Aged About 19 Years R/o Nearby Hanuman Mandir, Ganga Nagar, Police Station Khamtarai, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Urla, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent For Applicants :

Shri P.K. Patel, Advocate.

For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09.03.2020

1. The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.555/2019 registered at Police Station -Urla, Raipur, District Raipur(C.G.) for the offence punishable under Sections 394, 397 of the IPC and Sections 25 and 27 of the Arms Act.

2. It is the case of the prosecution that the applicants have looted one mobile phone from the applicant and assaulted the complainant.

3. Learned counsel for the applicant submits that the applicants have not committed any offence and they have been falsely implicated in the crime. He further submits that as the applicants are in custody since 27.11.2019 and the trial is likely to take some time for its final disposal, they may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicants and the detention period, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.

7. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita