Ankur Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3868 of 2020 • Ankur Sharma, S/o Basant Sharma, Aged About 21 Years, R/o Sector 6 Bhilai, District- Durg (C. G.).

---- Applicant

Versus

• State of Chhattisgarh, Through- S.H.O., Police Station- Supela, District- Durg (C. G.).

---- Respondent For Applicant : Mr. B. P. Singh, Adv.

For Respondent/State : Mr. H. S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04.08.2020

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. 287/2020 registered at Police Station- Supela, District- Durg (C.G.) for the offence punishable under Sections 394, 34 of IPC.

4. The prosecution story, in brief is that, complainant lodged a complaint alleging that on 13.05.2020, at about 11.00 P.M., when he asked for the route from the three persons and after telling the route, the same three persons stopped the truck of the complainant and looted a sum of Rs. 3,500/- from the complainant. Thereafter, offence has been registered against the present applicant and he has been taken into custody.

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 there is no antecedent has been registered

against the present applicant. The applicant is in jail since 14.05.2020 and there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

6. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that on the basis of memorandum, purse and cash has been recovered from the possession of the applicant, therefore, no case is made out for grant of bail.

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that t there is no antecedent has been registered against the present applicant. The applicant is in jail since 14.05.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

9. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi