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High Court Of ChhattisgarhMCRC/2452/2020rejected

Jaynand Sahu v. State Of Chhattisgarh

2020-08-04Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2452 of 2020 • Jaynand Sahu, S/o Firatu Ram Sahu, Aged About 32 Years, R/o Village- Khursipali, Police Station & Tahsil- Kharsiya, District- Raigarh, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through : Station House Officer, Police Station- Dabhra, District- Janjgir-Champa, Chhattisgarh.

---- Respondent For Applicant : Mr. Dharmesh Shrivastava, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04.08.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 444/2019 registered at Police Station- Dabhra, DistrictJanjgir-Champa (C.G.) for the offence punishable under Sections 394, 34 of IPC.

2. The prosecution story, in brief is that, the complainant lodged a report alleging that on 11.12.2019, he and his wife was returning to his house by his own vehicle with a bag in which the amount about to Rs. 1,25,000/- was kept. At that time, some unknown persons came there and assaulted the complainant and his wife and thereafter, they took the bag from the complainant and escaped from there. Based on

this, offence has been registered. Present applicant has been taken into custody on 10.01.2020.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 10.01.2020, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application submitting that other antecedents of same nature have been registered against the present applicant so, it is not a fit case to release him on bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

7. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Ruchi