Sunny Gedam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3308 of 2018 • Sunny Gedam S/o Bashanta Gedam Aged About 23 Years R/o- Vijay Near Shankar Nagar Parshad Tehsil And District- Durg, Chhattisgarh. ---- Appellant

Versus

• State Of Chhattisgarh Through- The District Magistrate, Durg, Chhattisgarh. ---- Respondent For Appellant : Shri Avinash Chand Sahu, Advocate.

For Respondent : Shri U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 10.05.2018

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 149/2018 registered at Police Station - Durg, District - Durg (C.G.) for the offence punishable under Section 394/34 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 21.02.2018 near about 2:30 pm the applicant Sunny Gedam, co-accused Pintu, Tara and Nitendra reached to the shop of the complainant-Shubham Agrawal at near to Sakun Bar, Durg and beaten him by hand, fist and clubs. Co-accused Pintu snatched one mobile handset from the pocket of the complainant -

Shubham Agrawal.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. The case is triable before the Judicial Magistrate First Class, Durg.

7. Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, he is in custody since 22.02.2018, the trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the present applicant.

8. Accordingly, the bail application of the applicant filed under Section 439 of the Cr.P.C., is allowed.

9. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail. 10.Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore