Kurban Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1200 of 2020 • Kurban Khan S/o Late Nasruddin Khan Aged About 30 Years R/o - Village - Bargidand, P.S. - Raidih, District - Gumla, Jharkhand ---- Applicant

Versus

• State Of Chhattisgarh Through - S.H.O. Police Station - Jashpur, District - Jashpur, Chhattisgarh ---- Non-Applicant/ State along with MCRC No. 1759 of 2020 • Sahbaj Khan S/o Jabbar Khan Aged About 19 Years Caste Musalman, R/o Sai Tangar Toli, Tehsil And District Jashpur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O, Police Station City Kotwali Jashpur, Out-Post-Lodam, District Jashpur Chhattisgarh, ---- Non-Applicant/ State --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Pushkar Sinha, Advocate For State :

Mrs. Hameeda Siddiqui, Additional A.G.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order 12/05/2020 1.

Heard 2.

These are the first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 289/2019 registered at Police Station- Jashpur, District- Jashpur (C.G.) for the offence punishable under Sections 341, 392, 506(B), 34, 427, 120(B),

397 of Indian Penal Code. Since both the applications are relating to the same crime number, these applications are decided together. 3.

As per the prosecution case, on 14/10/2019, when the complainant and his brother were going to Ambikapur from Ranchi by pic-up vehicle, the applicants stopped the vehicle of the complainant and looted Rs. 7800/- from the complainant and his brother. 4.

Learned counsel for the applicants submits that the applicants are in jail since 15/10/2019, the charge-sheet has been filed and no further investigation is necessary, therefore, they may be released on bail. 5.

Learned State counsel opposes the bail application and submits that the applicants have been identified by the complainant. 6.

Considering the nature of allegations and the fact that the applicants are in jail since 15/10/2019 and the charge-sheet has already been filed, therefore, I am inclined to release the applicants on bail. 7.

Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed.

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/-- (Goutam Bhaduri) Judge Vishakha