High Court Of ChhattisgarhMCRC/6556/2015allowed

Golu Shrivas @ Prakash v. State Of Chhattisgarh

2015-12-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6556 of 2015 • Golu Shrivas @ Prakash, S/o Shri Joidha Ram Shrivas, Aged About 23 Years, R/o Behind Rama Green City, Murum Khadhan Sarkanda, P.S. Sarkanda, Bilaspur, Tahsil & Distt.- Bilaspur, Civil and Revenue Distt. Bilaspur, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through Police Station- Sarkanda, Distt. Bilaspur, Chhattisgarh --- Respondent For the applicant :

Mr. M.K. Sinha, Advocate For the Respondent :

Mr. Anupam Dubey, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 383/2015 registered at P.S. Sarkanda, Bilaspur, Distt. Bilaspur (C.G) for the offence punishable u/ss 394 & 384 of IPC and Section 25 of the Arms Act.

2. Prosecution case, in brief, is that on 20.08.2015, at about 5.00 p.m., the applicant along with other co-accused came to the shop of complainant Vijendra Sahu situated at DLS College and demanded money. On denial of their demand, the complainant was assaulted and from his pocket, the accused have looted Rs.1200/-. Thereafter on report of complainant, the case was registered and Gupti has been seized from the house of applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated; charge sheet has been filed in

this case and he is in jail since 20.08.2015, therefore, he may be released on bail

4. Per contra, learned State Counsel opposes the bail application.

5. Taking into consideration the gravity of offence and the fact that the charge sheet in this case has been filed and considering the period of detention of the applicant, I am inclined to release him on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao