Harish Banjare @ Monu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4720 of 2020 • Harish Banjare @ Monu, son of Pawan Banjare, aged about 22 year, resident of Rawanbhantha, Supela, Behind Gupta Enterprises, Tahsil and District Durg (C.G.) ---- Applicant
Versus
• State Of Chhattisgarh Through Station House OfÏcer, Police Station Telibandha, Tehsil And District Raipur Chhattisgarh, ---- Respondent For Applicant :
Shri Sanjay Kumar Agrawal L, Adv.
For Respondent :
Shri Sunita Jain, G.A.
Hon'ble Smt Justice Rajani Dubey Order on Board 31/08/2020 1.
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.332/2020, registered at Police Station - Supela, Civil and Revenu District Durg (C.G.) for the offence punishable under Sections 394, 34 IPC (wrongly mentioned as 457, 380 of the IPC).
2.
The prosecution story, in brief, is that when complainant Shesh Narayan Sahu was going to Durg from Raipur, near Battalion Wine shop he was intercepted by robbers saying that as to why he is not driving his vehicle properly and looted his mobile as also Rs.150/-. They also looted Rs.1800/- from his friend Mohnish Sahu and also caused injury by the knife. During investigation and on tip-off, the accused/applicant and co-accused were arrested. Offence has been registered against him and he has been taken into custody on 04.06.2020.
3.
Learned counsel for the applicant submits that the applicant
is innocent and has been falsely implicated in the case. He also submits that the applicant is ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court. He also submits that the applicant is in custody since 04.06.2020, he has no criminal antecedent, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.
4.
On the other hand, learned counsel for the State opposed the bail application.
5.
I have heard learned counsel for the parties and perused the record.
6.
Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 04.06.2020, charge sheet has been filed and the 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 his executing a personal bond for a sum of Rs.50,000/- 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.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Pekde