Vikas Gan @ Gogo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Vikas Gan @ Gogo, S/o Arun Gan, aged about 24 years, R/o Bapu Nagar, Raigarh, Tahsil & District Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through District Magistrate, Raigarh, District Raigarh (C.G.) -----Non-applicant For Applicant:

Mr. Ashish Gupta, Advocate.

For Non-applicant/State:Mr. D.R. Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has preferred 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. 287/2015 registered at Police Station -Kotwali, District Raigarh for the offence punishable under Sections 294, 506, 323/34 & 394 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 05.04.2015 applicant alongwith other co-accused persons assaulted the complainant by way of club and looted an amount of Rs. 13000/- from the pocket of complainant and also looted a Micro Max mobile and thereby committed aforesaid offences. (3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as

he is nothing to do with the same. He further submits that the applicant is languishing in jail since 21.08.2015; charge-sheet has already been filed and similarly situated co-accused namely Ajay Mali has already been released on bail by this Court in M.Cr.C. No. 1154/2016 decided on 10.03.2016 and therefore, the applicant may also be released on bail on the ground of parity. (4) Per contra, counsel for the State opposes the bail application.

(5) Taking into consideration the facts and circumstances of the case; role of the applicant in the offence in question, pre-trial detention and the fact that similarly situated co-accused has already been released on bail by this Court on 10.03.2016 and he is in jail since 21.08.2015; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.

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