Ashish Kumar Patre & ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1851 of 2019
1. Ashish Kumar Patre S/o Balbhadra Patre Aged About 19 Years
2. Jogendra Patre S/o Pundas Patre Aged About 19 Years Both R/o Village Kestarpur Navapara, P. S. Lalpur, Tahsil Lormi District Mungeli CG ---- Applicants
Versus
• State Of Chhattisgarh Through P. S. Lalpur, Tahsil Lormi District Mungeli CG ---- Respondent For applicants Mr. Faiz Kazi, Adv.
For non-applicant/State Mrs. M. Asha, PL.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 3-41. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.
2. The applicants have been arrested in connection with Crime No. 17/2019 registered in police station Lalpur, Distt. Mungeli (CG) for offence punishable under Section 394, 417/34, 419, 170 of IPC.
3. Prosecution story in brief is that on 31-1-2019, complainants Danial Dahire and Chhatrapal were coming from Govindpur Bazar to Mungeli along with Maneesh Kurre and Gorakhnath Kurre. Near village Kanteli, 4 unknown persons started quarreling with them. They snatched cash of Rs. 4,000/-, one mobile of Redmi make, from the pocket of complainant Danial Dahire. 20-30 bundles of clothes were also looted. They also looted Rs. 500/- along with purse from complainant Chhatrapal. During Test Identification Parade, complainant Danial Dahire identified the applicants.
4. Counsel for the applicants argued that the applicants are innocent and have been falsely implicated hence they be released on bail.
5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicants in the police case diary.
6. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if each of the applicants furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in similar type of crime in future, they be released on bail.
7. CC as per rules.
Sd/- (Sharad Kumar Gupta) Judge Pathak