Shahil Sheikh v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3446 of 2018 • Shahil Sheikh S/o Gaffar Sheikh Aged About 17 Years R/o Behind Nav Bharat Press, Rajbandha Maidan, Maudahapara, Raipur, P. S. Maudahapara, Raipur, Tahsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Gudhiyari Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. C.R. Sahu, Advocate.

For Respondent :

Mr. Anant Bajpai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/07/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.200/2017 registered at Police Station- Gudiyari, District - Raipur(C.G.) for the offence punishable under Sections 394 & 397 of the Indian Penal Code and Sections 25 & 27 of the Arms Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in remand home since 6.8.2017. It is prayed that this applicant is a juvenile and looking to this fact that he has no criminal antecedent, hence, he

Page No.2 should be released on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. The allegation against this applicant is this, that on the date of incident he looted the complainant Kamlesh Mishra along with co-accused Amir Khan and took away cash Rs.12,000/-, driving license and other papers from the complainant by assaulting the complainant and injuring him with a knife. Hence, this case.

6. After considered on all the material present in the case diary, I am of this view that applicant should be granted regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. The applicant is juvenile, hence, he should be released after a bond of Rs.25,000/- is furnished by the guardians of the applicant with one surety in the like sum to the satisfaction of the Board concerned, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha