High Court Of ChhattisgarhMCRC/6911/2015allowed

Roopram Jaiswal v. State Of Chhattisgarh

2015-12-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6911 of 2015 • Roopram Jaiswal S/o Rodhan Jaiswal, Aged About 25 Years R/o Village Tikripara, Police Station Bilaigarh, District Baloda Bazar-Bhatapara, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through: The Station House Officer, Police Station Bilaigarh, District Baloda Bazar-Bhatapara, Chhattisgarh --- Respondent For the applicant :

Mr. S. K. Guha, Advocate For the Respondent :

Mr. Sameer Behar, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.12.2015

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. 169 of 2015 registered at P.S. Bilaigarh Civil & Revenue District Baloda Bazar, Bhatapara (C.G) for the offence punishable under Sections 392/34 IPC.

2. Case of prosecution, in brief, is that on 02.06.2015 complainant Kheek Bai lodged a report that she went to the Market at Bilaigarh and while coming back, on the way accused Baratu met her and was talking about the sale of agricultural land and thereafter when the complainant was going ahead, Baratu Sahu snatched the golden chain from her neck and fled away along-with this applicant Roopram Jaiswal who was present at the scene.

3. Learned counsel for the applicant submits that no evidence is available to connect this applicant with the crime and the

entire allegations are against co-accused Baratu Sahu. He further submits that no seizure was made from this applicant and only he was present at the spot. It is also submitted that the charge sheet In this case has been filed and the applicant is in jail since 02.06.2015. Therefore, he prays for releasing the applicant on bail.

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

5. Having regard to the facts and circumstances of this case and the degree allegations against this applicant and taking into period of detention of this applicant as he is in jail since 02.06.2015, I am inclined to release the applicant on bail. Accordingly, the application is allowed.

6. 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 said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao