Jai Kishan Godara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3089 of 2020 • Jai Kishan Godara S/o Bir Bharam Godara Aged About 19 Years R/o Village Adkhiyaar, P. S. Nokha, District Bikaner, Rajasthan, Civil And Revenue District Bikaner Rajasthan. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Devendra Nagar Raipur, District : Raipur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Ajay Mishra, Adv.

For Respondent/State :

Mr. Sidhdharth Dubey, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10/06/2020

1. Heard on admission.

2. Admit.

3. 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. 18/2020 registered at Police Station Devendra Nagar Raipur, District-Raipur (C.G.) for the offence punishable under Sections 395, 120B of IPC and 25, 27 of Arms Act.

4. The prosecution story, in brief is that, complainant lodged a report that the present applicant along with other co-accused persons came his house and knocked the door, thereafter, at the point of country made pistol and knife applicant and other co-accused persons were hostage to the complainant and witness Ramratan Sharma and committed robbery of Rs. 50.14 lakh. Present applicant has been taken into custody on 17.02.2020.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that it is most likely to take prolong time in conclusion of trial, due to pandemic situation of COVID-19. He next submits that there is not a prima facie case found against the present applicant and the applicant is in jail since 17.02.2020, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

6. On the other hand, counsel for the State opposes the bail application submitting that the applicant did a very serious offence, the present applicant has been involved in the conspiracy of robbery and for this robbery he came from Rajasthan to Raipur and also have seizure from the applicant, so, it is not a fit case to release him on bail.

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

8. 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.

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

Sd/- (Rajani Dubey) Judge H.L.Sahu