Goldan @ Anis v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5160 of 2020 • Goldan @ Anis son of Ameen, aged about 24 years, resident of Tukupara, Thana Seetapur, District Surguja (CG) • Salman @ Kalamudin Ansari son of Ameen, aged about 19 years, resident of Dahejvar, Thana Balrampur, District Balrampur Ramanujganj (CG) ---- Applicants

Versus

• State Of Chhattisgarh through Police Station Balrampur, District Balrampur Ramanujganj (CG) ---- Respondent -------------------------------------------------------------------------------------------- For Applicants : Shri Vikash Pandey Advocate For Respondent/State : Shri H.S. Ahluwalia, Dy. Advocate General -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 21.09.2020 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.33/2020, registered at Police Station Balrampur, District Balrampur(CG) for the offence punishable under Sections 457, 380 r/w Section 34 of the IPC.

3.

As per the case of prosecution, the complainant has lodged a report that on 8.3.2020 some unknown persons have theft 7 goats from his house. An offence was registered and during investigation on the basis of memorandum, the applicants have been taken into custody.

4.

Learned counsel for the applicants submits that the applicants have not committed any offence. He submits that on account of previous enmity, the applicants have been falsely implicated in the case. He submits that the applicants are in jail since 18.3.2020 and 25.3.2020 and trial is likely to take some time for its final disposal, therefore, the applicants may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants; the offence is triable by Judicial Magistrate and trial may take some time for its final disposal, I am of the opinion that present is a fit case to release the applicants on bail. 8.

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

9.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial. 10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita