Priyanshu Upadhyay v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2590 of 2020 • Priyanshu Upadhyay S/o Amrit Upadhyay Aged About 19 Years Resident Of Beto, Police Station Raghunathnagar, District BalrampurRamanujganj, Chhattisgarh, District : Balrampur, Chhattisgarh • Anubhav Upadhyay S/o Late Pradeep Upadhyay Aged About 21 Years Resident Of Beto, Police Station Raghunathnagar, District BalrampurRamanujganj, Chhattisgarh, District : Balrampur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Raghunathnagar, District Balrampur-Ramanujganj, Chhattisgarh, District : Balrampur, Chhattisgarh ---- Respondent For Applicant : Mr. Rahul Mishra, Advocate For State/respondent : Mr. Ghanshyam Patel, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/05/2020

1. The default pointed out by the Registry is waived.

2. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail to him as he is in custody in connection with Crime No.26/2020 registered at Police-Station-Raghunathnagar, DistrictBalrampur-Ramanujganj(C.G.) for the offence punishable under Sections 341, 394, 294 of the IPC.

3. It is submitted by the learned counsel for the applicants, that the applicants have been falsely implicated in this case. The applicants are

in jail since 28.3.2020. The allegation against the applicants is regarding making a loot of only Rs.20/- of the complainant. The charge-sheet has also been filed, therefore, it is prayed that applicants may be granted regular bail.

4. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the applicants have criminal antecedents, therefore they are not entitled for grant of regular bail.

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

6. Considering the facts and circumstances of the case and the applicant has remain in jail for about more the one month. Further, the chargesheet has also been filed, therefore, I feel inclined to allow the bail application of these applicants.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha