Sandeep Kumar Agariya & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4567 of 2020

1. Sandeep Kumar Agariya, S/o Pyarelal Agariya, Aged about 21 years, R/o Badkapara, Surajpur, District Surajpur (C.G.)

2. Saurabh Sahu @ Montu, S/o Pradyuman Sahu, Aged about 27 years, R/o Main Road Surajpur, District Surajpur (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through - Station House Officer, PSSurajpur, District Surajpur (C.G.) ---- Respondent For Applicants :

Mr. Anil Gulati, Advocate.

For Respondent/State :

Mr. H.S. Ahluwalia, Dy. A.G..

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/08/2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 150/2020 registered at Police Station- Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 419 and 420 read with Section 34 of the IPC, 1860.

2. The prosecution story in brief is that, the present applicants stopped the motorcycle of Ramvikash Sahu and Anita Sahu and personated themselves as correspondence and shown the visiting card of Pravesh Goyal and demanded the money and threatened them, then the matter was reported by the complainant Pravesh Goyal to the police and the present applicants have been arrested.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the false seizure memo has been prepared by the police in order to rope the applicants in the criminal case. He next submits that the both applicants are in jail

since 18.04.2020, there is no likelihood of his case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicants are of serious in nature; therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering that the both applicants are in jail since 18.04.2020, 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 both applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Vasant