Pawan Kumar Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3138 of 2019 • Pawan Kumar Banjare, S/o Navratan Banjare, aged about 23 years, R/o Vill. Devarmal, Police Station Urga, Tahsil & Distt. Korba ---- Applicant

Versus

• State Of Chhattisgarh Through the SHO, Pamgarh Tahsil & District Janjgir-Champa, (C.G.).

---- Respondent For Applicant : Mr. Ravindra Sharma, Advocate.

For Respondent/State : Mrs. Smriti Shrivastava, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/05/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 113/2019, registered at Police Station Pamgarh, Tahsil & District Janjgir-Champa (C.G.) for the offence punishable under Sections 454 & 380/34 of the IPC.

2. As per prosecution story, on 08.03.2019, complainant Saraswati Bai lodged a report in concerned Police Station alleging therein that three unknown persons came to her house and represented themselves as officers of Indira Awas Allotment Committee and assured the complainant and her family members that they can arrange the house for them and therefore the photographs of family members is required. It is further alleged that they have directed the complainant to take out her gold chain and as directed by them, the complainant was done the same, suddenly two of them have snatched the gold chain and they all ran away from the spot. On the basis of said report, offence has been registered. The applicant is in custody since 28.03.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has no criminal antecedent, he is in custody since 28.03.2019 and trial is likely to take some time, therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the fact and circumstances of the case, evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 28.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Shubham Judge