Sanjay Chouhan And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2171 of 2019 1.

Sanjay Chouhan. S/o Vidyanand Chouhan Aged About 24 Years Occupation Labour, R/o Village Chuhakimar, Gharghoda, Police Station And Tahsil Gharghoda, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 2.

Jaikishan Chouhan S/o Suruti Chouhan Aged About 22 Years Occupation Labour, R/o Bhalunara, Police Station Kharsiya District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh 3.

Shravan Kumar Chouhan S/o Nehru Lal Aged About 22 Years Occupation Labour, R/o Village Bansmuda, Police Station Kharsiya District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kharsiya District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh.

---- Respondent For the Applicants :

Shri Abhishek Saraf, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.84/2019 registered at Police Station Kharsiya, District Raigarh (C.G.) for the offence punishable under Section 394, 365/34 of IPC.

3. Case of the prosecution, in brief is that applicants and another coaccused had beat complainant Nurej Ansari by hands and fists, snatched Rs.2700/- cash, one Samsung mobile from him and took him in another place. As per the MLC report of the complainant contusion were found on his body, injuries were simple in nature.

4. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicants furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- each to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in any of the crime in future, they shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde