Pintu @ Pritam Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4811 of 2020 ●Pintu @ Pritam Singh, S/o Vijay Singh, Aged about 19 years, R/o Near Shiv Mandir Road, Indira Nagar, Ward No. 5, Supela, Bhilai, District Durg (C.G.) ---- Applicant
Versus
●State of Chhattisgarh, Through - Station House Officer, PSChavni (wrongly mentioned as Bhilai Bhatti in bail rejection order), District Durg (C.G.) ---- Respondent For Applicant : Mr. Ishan Verma, Advocate.
For Respondent/State : Mr. H.S. Ahluwalia, Dy. A.G.
Hon'ble Smt. Justice Rajani Dubey Order on Board 17/09/2020
1. 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. 304/2020 registered at Police Station- Chavni (wrongly mentioned as Bhilai Bhatti in bail rejection order), District Durg (C.G.) for the offence punishable under Sections 392 and 34 of the Indian Penal Code, 1860 (in bail rejection order, wrongly mentioned as under Sections 392, 394/34 of the IPC).
2. The prosecution story in brief is that, a complaint has been made by the complainant on 30.05.2020 around 08:00 pm near Vinay Studio, Gautam Nagar three unknown persons had robbed him and snatched the mobile phone of the complainant amounting around Rs. 14,999/- thereby the offence has been registered and during the investigation, the present applicant along with the other alleged co-accused have been arrested.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits the police have not seized anything
from the possession of the present applicant and no alleged articles have been recovered from the possession of the present applicant. He next submits that the applicant is in jail since 08.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant 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 applicant is 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 applicant and further considering that the applicant is in jail since 08.06.2020, 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 present applicant on bail. Accordingly, the bail application is allowed.
7. 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.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Vasant