Devendra Kumar Soni @ Chhotu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2947 of 2018 • Devendra Kumar Soni @ Chhotu S/o Sanjay Soni Aged About 18 Years Occupation Student R/o Behind Bright Furniture, New Deepak Nagar, Ward No. 24, P. S. Mohan Nagar Distt. Durg Chhattisgarh.

---- Applicant In Jail

Versus

• State Of Chhattisgarh Through The District Magistrate, Durg, Station House Officer, P. S. Mohan Nagar Distt. Durg Chhattisgarh.

---- Respondent For Applicant :

Shri RS Patel, Advocate.

For Respondent :

Shri Garry Mukhopadhyay, G.A.

Order On Board By Hon'ble Shri P. Sam Koshy, J 25/05/2018 This is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who is in jail since 25.2.2018 in connection with Crime No.62/2018 registered at Police Station - Mohan Nagar, Distt. Durg for the offence punishable under Section 392/34 of IPC. 2.

Case of the prosecution against the present applicant is that on the date of incident the present applicant is said to have snatched a mobile phone of the complainant while she was walking on the road. Further case of the prosecution is that recovery of the said mobile was also made from the present applicant and he has been duly identified in the TIP by the complainant.

3.

Counsel for the applicant submits that considering the age of the applicant, which is hardly 18 years, and the fact that he has already remained in custody for a period of about three months, he may be released on bail.

4.

State counsel, however, opposing the bail application submits that considering the nature of offence, the present applicant does not deserve to be released on bail.

5.

Considering the age of the applicant, the period of custody undergone and also the nature of allegation against the present applicant, this Court is of the opinion that present is a fit case for grant of bail to the applicant.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the present applicant will be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. Sd/ (P. Sam Koshy) Vacation Judge Khan