Ashok Xalxo v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3815 of 2018

1. Ashok Xalxo, S/o Belwa Aged About 26 Years, By Caste Uraon, Resident of Chherdand (Dipatoli), Police Station Duldula, Tahsil Duldula, District Jashpur, Chhattisgarh.

2. Kishore Xalxo, S/o Belwa Xalxo, Aged About 22 Years By Caste Uraon, Resident of Chherdand (Dipatoli), Police Station Duldula, Tahsil Duldula, District Jashpur, Chhattisgarh. ---- Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station- Duldula, District Jashpur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Suryakant Mishra, Advocate For State :

Mr. Sanjeev Pandey, G.A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 26/06/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 31.12.2017 in connection with Crime No. 68/2017 registered at Police Station- Duldula, District- Jashpur (C.G.), for the offence punishable under Sections 457, 380, 34 of IPC. 2.

Case of the prosecution is that one Ajay Sahu lodged a report at Police Station- Duldula that unknown persons have committed theft in his house. On the basis of the report, offence was registered against unknown persons and during course of investigation, on the basis of memorandum, the applicants and other co-accused persons have been arrested.

3.

Learned counsel for the applicants submits that the applicants have arrested on 31.12.2017 and trial will take sufficient time to conclude therefore, the applicants may be enlarged on bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the period of detention and further looking to the fact that trial will take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants namely Ashok Xalxo & Kishore Xalxo shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules Sd/- (Ram Prasanna Sharma) Judge Arun