Shekh Sagar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3092 of 2018 • Shekh Sagar S/o Shri Sahabul @ Sekh Aged About 19 Years R/o Village Samsol, Post- Radhamohanpur, Police Station- Sonamukhi, District Bakunda, West Bengal , Mobile No. 8109997463, ----Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Arang, Raipur, District Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri CR Sahu, Advocate For Respondent/State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/07/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 28.01.2018 in connection with Crime No.54/2018 registered at Police Station Arang Raipur, District Raipur (CG) for the offence punishable under Sections 399, 402, 34 IPC and Section 25 of the Arms Act.

2. As per the prosecution case, on 28.01.2018 on an information received that the applicant along with the other co-accused is planning for robbery and dacoity and were waiting in a truck bearing No.WB-53-6195, the same was raided and searched as to who are staying in the national highway. On having searched, they were apprehended with the country made pistol, magazine, mobile etc. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that there is no evidence against the present applicant and only on the basis of apprehension the applicant has been arrested, therefore, he may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the statement of one Rajesh, Nutan & Bunty. Considering the statements as also the case-diary, wherein it shows that the present applicant has also committed the dacoity, I am not inclined to release the applicant on bail.

6. Accordingly, the bail application is dismissed. Sd/- Goutam Bhaduri Judge Ashu