High Court Of ChhattisgarhMCRC/4494/2018allowed

Suraj Sishodiya v. State Of Chhattisgarh

2018-07-11Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4494 of 2018 • Suraj Sishodiya S/o Bharat Lal Sishodiya Aged About 19 Years, R/o Village - Ghatiya Khurd, Thana Nandani Tehsil & Distt. Durg Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through P.S. Nandani Nagar Distt. Durg Chhattisgarh.

---- Respondent For Applicant :

Mr. J.K. Gupta, Advocate For Respondent/State : Mr. Ashok Swarnkar, Panel Lawyer Hon'ble Shri Rajendra Chandra Singh Samant Order On Board 11/07/2018

1. Heard the matter finally.

2. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 296/2017, registered at Police Station - Nandani Nagar, District Durg (C.G.), for the offence punishable under Sections 394, 34 of the Indian panel Code.

3. As per prosecution case, the applicant and other co-accused persons assaulted complainant Sandeep Kumar Gendre and looted cash Rs. 4500/-, and his purse, and thereby the applicant has committed the aforesaid offence.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is in jail since 27.10.2017 and the co-accused namely Ajuba Sishodiya has been

granted bail by the Co-ordinate bench of this High Court on 04.05.2018, therefore, the applicant may be enlarged on bail.

5. Learned State counsel opposes the application for grant of bail.

6. Heard counsel for the party and perused the case diary.

7. Considering the facts and circumstances of the case, charge-sheet has been filed and the applicant is in jail 27.10.2017, I am of the considered view that it is a fit case where the applicant should be enlarged on bail.

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

9. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 10.Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge PAWAN