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High Court Of ChhattisgarhMCRC/4125/2016allowed

Ravishankar @ Guddu Kashyap v. State Of Chhattisgarh

2016-07-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4125 of 2016 Ravishankar @ Guddu Kashyap, S/o. Sambhu Kashyap, aged about 19 years, R/o. Village-Bharari, P.S. - Ratanpur, District - Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Police Station Incharge, Ratanpur, District - Bilaspur, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Arvind Dubey, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.93/2016, registered at Police Station- Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Section 394 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 06.04.2016, the applicant has looted Rs.21,170/- from the complainant, Chandra Bhuwan Das near Bharari canal bridge and assaulted him. Subsequently, a report having been made, the applicant was arrested and recovery of amount of Rs.19,000/- was made from the applicant.

3.

Learned counsel for the applicant submits that the applicant is aged about 19 years and he has no criminal past antecedents and as per memorandum in order to pay debts, the act was done and considering the fact that the applicant is in jail since 08.04.2016 and

charge-sheet in this case has been filed, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

I have heard learned counsel for the parties. 6.

Perused the case diary and the documents. Taking into fact the detention of the applicant, he is aged about 19 years and further considering the facts and circumstances of the case and the fact that charge-sheet in this case has been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram