Ashish Sahu @ Monu Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4528 of 2018 Ashish Sahu @ Monu Sahu, S/o. Bhawarlal Sahu, Aged About 26 Years, R/o. Village Pampapur, Police Station And District Surajpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Of Police Station Vishrampur, District Surajpur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anil Gulati, Advocate For Respondent :

Mr. Ashok Swarnakar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/07/2018 1.

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. 63/2018, registered at Police Station- Vishrampur, District - Surajpur (C.G.) for the offence punishable under Section 392 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 23.05.2018. No case is made out against him on the basis of the material present in the charge-sheet. The applicant is local resident of District Surajpur and is ready to abide by all the conditions imposed upon him while enlarging him on bail. Hence, it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect.

4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

As per the prosecution case, FIR has been lodged by the complainant Smt. Farzana Khatun that when she was walking on road, one motorcyclist snatched and looted her purse containing Rs.470/- and mobile in it. During the investigation, the mobile has been seized from the applicant. Hence, this case.

6.

Considered the submissions made and the contents of the case diary. Considering on all the material present in the charge-sheet and further taking into consideration this fact that this applicant does not have any criminal antecedents and the trial against him is likely to take sometime for its conclusion, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram