High Court Of ChhattisgarhMCRC/3750/2016allowed

Salman Khan And ORS. v. State Of Chhattisgarh

2016-07-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3750 of 2016

1. Salman Khan S/o Shaukin Khan Aged About 22 Years R/o Shahajmal; Police Station Kithaur; District Meruth (U.P.).

2. Jan Mohammad S/o Sher Mohammad Aged About 22 Years R/o Shahajmal; Police Station Kithaur; District Meruth (U.P.).

3. Bilal Mohammad S/o Buddha Mohammad Aged About 22 Years R/o Village Soya; Police Station - Gidauli, District - Amroha (U.P.). --- Petitioners

Versus

• State of Chhattisgarh Through Police Station City Kotwali, Ambikapur; District - Surguja Chhattisgarh. --- Respondent For the applicant :

Mr. S. D. Singh, Advocate.

For the Respondent :

Mr. Shobha Singh, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 721 of 2015 registered at P.S. City Kotwali, Ambikapur Distt. Sarguja (C.G) for the offence punishable under Section 457, 380 & 511 of IPC.

2. As per the prosecution case, on 16.12.2015, the applicants forcibly entered into the shop of complainant and after opening the cash drawer stolen Rs.9000/- from the shop and thereafter they were arrested on the basis of CC TV footage.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. It is further submitted charge sheet in this case has been filed; no further investigation is required and the applicants are in jail since 18.12.2015, therefore, they may be enlarged on bail.

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

5. Perused the case diary documents.

6. Considering the facts and circumstances of the case especially the fact that the charge sheet in this case has been filed and no further investigation is necessary and further looking to the period of detention as the applicants are stated to be in jail since 18.12.2015, I am inclined to release them on bail.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one local surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o