Ram Kumar Shrivas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3773 of 2018 Suraj Kumar Mahant S/o. Shri Sammelal Mahant, Aged About 22 Years R/o. Village Dhamni, P.S. Hasoud, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Of The P/s. Sarangarh, District Raigarh (Chhattisgarh) ---- Respondent MCRC No. 4623 of 2018 Ram Kumar Shrivas S/o Shri Ramesh Shrivas Aged About 40 Years R/o- Village- Kasir, P.S.- Kosir, Tahsil- Sarangarh, DistrictRaigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer Of The P.S.- Sarangarh, District- Raigarh, Chhattisgarh. ---- Respondent For the Applicants :

Shri Abhishek Saraf, Advocate For the State :

Ms. Smita Ghai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /08/2018

1. The aforesaid M.Cr.Cs. are being disposed of by this common order.

2. The applicants have been arrested in connection with same Crime No. 596/2017 registered in Police Station Sarangarh, District Raigarh (C.G.) for the offences punishable under Section 380/34 of IPC and there is no bail applications are pending before any other Court.

3. Perused the case diary provided by the learned counsel for the State.

4. Case of the prosecution, in brief is that complainant Smt. Suchit Dhritlahre, resident of Village Tenganapali. On 01/11/2017 near about 07.30 p.m. cash of Rs.35,000/- and one mobile had been stolen by the applicants and co-accused Vikas Kumar Khurana from the house of the complainant.

5. Learned counsel for the applicants submit that applicants are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

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

7. Looking to the above mentioned facts and circumstances of the case and the State counsel submits that there is no antecedent of their involvement in other crime, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicants.

8. Consequently, the bail applications filed under Section 439 of the Cr.P.C., are allowed. It is directed that if each of the applicants furnishes one solvent surety for a sum of Rs. 25,000/- each along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

9. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde