Suresh @ Sikander v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

4 69 of 201 • Suresh @ Sikander, son of Babulal, aged about 25 years, resident of Village-Gonda, Police Station - Pratappur, District-Surajpur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through : Station House Officer, Police Station- Pratappur, District Surajpur (C.G.) ---- Non-applicant For Applicant:

Mr. Rahul Mishra, Advocate.

For Respondent/State:

Mr. D.R. Minj, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 2 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 285/2015 registered at Police Station Pratappur, District Surajpur for the offences punishable under Sections 392 & 394/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that the applicant & other co-accused persons robbed complainant Vimlesh Kumar Yadav on 10.12.2015 and looted Rs. 2,800/- and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that he has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in jail since 11.12.2015; charge sheet has already been filed and, therefore, the applicant may be released on bail.

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

(5) Taking into consideration the facts & circumstances of the case; and the manner in which in the night applicant and other co-accused persons robbed the complainant and consequent recovery from them, I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-