Aashish Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1990 of 2019 Aashish Sharma, aged about 19 years, S/o Hemlal Sharma, R/o Santosh Nagar, Beergaon, Near House of Jabar Degli, P.S. Urla, District Raipur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Pandri, District Raipur (CG). ---- Non-applicant For Applicant : Mr. N. Naha Roy, Advocate.

For Non-applicant/State : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 11.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.470/2018 registered in Police Station Pandri, District Raipur for the offence punishable under Sections 356, 379, 414, 395, 34 of Indian Penal Code and Sections 25 & 27 of Arms Act.

3.

Prosecution story in brief is that on 06.11.2018 at about 00:30 hrs complainant Shani Bajaj was going to this house by Activa bearing registration No.CG 04 HJ 6181. Near Bajrangbali Temple, Daldal Shivni, Raipur, four unknown persons who had covered their faces by clothes, reached there by two motor cycles. Those persons took said vehicle and one i-phone bearing Sim Number 9827877778. On the memorandum of applicant, the same Active bearing same registration number was seized from co-accused Kunal Sahu.

4.

Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case hence he may be released on bail.

5.

Counsel for the State opposed the bail application. However, he submitted that no criminal antecedent against the applicant is reported in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. It is ordered that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that he shall appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail and he shall not commit any such type of offence in future.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-