Devendra Das v. State Of Chhattisgrh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2822 of 2018 Devendra Das S/o Onkar Das Manikpuri Aged About 19 Years R/o Village Ganesh Kirana, Binda Nagar, Camp-1, Bhilai, Thana Chhavni, Civil And Revenue District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgrh Through The Station House Officer, Police Station Saja District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------- For Applicant : Ms. Sharmila Singhai, Advocate.

For State : Mr. Dhiraj Wankhede, GA ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 11/05/2018 1.

The applicant has been arrested in connection with the Crime No. 240/2017 registered at Police Station -Saja, District- Bemetara, (CG) for alleged commission of offences under Section 394, 411/34 of IPC. 2.

The case of the prosecution is that the applicant and two other coaccused looted cash and mobile. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged incident. He submits that because of quarrel between the applicant and the complainant, complainant lodged false report. He further submits that investigation is complete and charge sheet has been filed and there is no recovery of mobile and cash from the applicant. Therefore, he may be granted bail.

4.

On the other hand, learned counsel for the State opposes bail application and submits that applicant has been identified in the test identification parade by the complainant, therefore, prima facie, case is made out.

5.

Having considered the submission of learned counsel for the parties and amount alleged to be looted and further taking into consideration that investigation is complete and charge-sheet has been filed, applicant is in jail since 07-08-2017 and It is not a case of applicant being habitual offender, the application is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- along with one local surety of the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rohit