High Court Of ChhattisgarhMCRC/2224/2021rejected

Tilak @ Dhanna Sonwani And ORS. v. State Of Chhattisgarh

2021-07-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2224 of 2021

1. Tilak @ Dhanna Sonwani, S/o Krishna Sonwani Aged About 23 Years

2. Anesh @ Bhandari Kurre S/o Cokhelal Kurre Aged About 25 Years

3. Laxmikant @ Golu Garg, S/o Pradeep Garg Aged About 23 Years All are R/o Village Sonpuri, P.S. City Kotwali, Balodabazar District Balodabazar Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Balodabazar District Balodabazar Chhattisgarh. ---Respondent For Applicants - Ms. Deblina Maity, Advocate. For Respondent/State - Shri Ashish Tiwari, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 26/07/2021 Heard.

1. This is the first Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 09.03.2021 in connection with Crime No. 169/2021 registered at Police Station- City Kotwali, District Balodabazar, C.G. for the offence punishable under Section 394/34 of I.P.C.

2. As per the prosecution case, on 08.03.2021 an FIR was lodged by one Akash Tiwari that the present appellants came on a bike

bearing No. CG22 4324 and looted money and mobile Real Me 7 a and fled away.

3. Learned counsel for the applicant submits that only on the basis of memorandum statement the applicants have been arrested and no identification has been carried out and only on apprehension the appellants have been arrested, therefore the present applicants may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that as per the FIR mobile Real Me 7 has been seized from applicant No. 1 and bike bearing No. CG22 4324 has also been seized from applicant No. 2 and one oppo mobile was seized from applicant No. 3 and further another case No. 651of 2021 of like nature is registered against the applicants.

5. Considering the nature of the allegation, the seizure made and the past antecedents, I am not inclined to release the applicants on bail.

6. Accordingly, the bail application is rejected. Sd/- (Goutam Bhaduri) Judge Jyoti