Omprakash v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6882 of 2015 Omprakash S/o Bhojram Sahu Aged About 23 Years Resident Of Village - Mopka, P. S. Bhatapara (Rural), Baloda Bazar, District - Baloda Bazar - Bhatapara (Chhattisgarh).

---- Applicant

Versus

State Of Chhattisgarh Through Police Chouki - Karhi Bazar, P.S. City Kotwali, Baloda Bazar, District - Baloda Bazar - Bhatapara (Chhattisgarh).

---- Respondent For applicant - Shri Prakash Tiwari, Advocate. For Respondent/State - Shri Om.P. Sahu, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 14/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 346/2015 registered in Police Station Police Chouki - Karhi Bazar, P.S. City Kotwali, Baloda Bazar, District-Baloda Bazar- Bhatapara (C.G.) for offence punishable under section 394 of IPC read with section 34 of Indian Penal Code. 2.

As per the prosecution case on 6/10/2015 a report was lodged by one Gyaneshwar Dhritlahare that on 4/10/2015 while he was coming back from Bilha and when he reached near Rampur turning four persons intercepted and thereafter abused and looted Rs.2000/-, thereby offence was committed.

3.

Learned counsel for the applicant submits that only evidence of memorandum is available and from the applicant Rs.100/- was recovered and there is no evidence against this applicant and he has been falsely implicated in this case, therefore, the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Having considered the facts and circumstances of the case, taking into account nature and gravity of offence, charge sheet having been filed and applicant is in jail since 8/10/2015, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri