Rajkumar Dhruv And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4920 of 2016

1. Rajkumar Dhruv, S/o. Ram Dhruv, Aged About 36 Years, R/o. Kotabharri, Police Station, Rudri, District Dhamtari, Chhattisgarh

2. Jitu @ Jitendra Kumar Mandavi, S/o. Komal Singh, Aged About 24 Years, R/o. Village Murpar, Police Station Arjuni, Tahsil & District Dhamtari, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Rudri, District Dhamtari, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Y.C.Sharma, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.09.2016 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 in connection with Crime No.49/2016 registered at Police Station- Rudri, Distt. Dhamtari (C.G.) for the offence punishable under Section 392, 386 of Indian Penal Code. 2.

As per the prosecution case, a complaint was lodged by Umesh Kumar Sahu that while he was working in the site of Gangrel Dam at that time the present applicants came there and initially demanded Rs.1,50,000/- and were carrying an Airgun and thereafter looted one micromax mobile.

3.

Learned counsel for the applicants would submit that on the other dispute the false allegations have been attributed and only it is alleged that the mobile was looted. He further submits that the

charge sheet in this case has been filed and no further investigation is necessary, therefore, the applicants may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the statement of Umesh Kumar and the facts and circumstances of the case and taking into fact that the charge sheet has been filed and the applicants are in jail since 08.07.2016, I am inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the 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 Ashok