Suraj Sishodiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4577 of 2018 • Suraj Sishodiya S/o Bharat Lal Sishodiya Aged About 19 Years R/o- Village Ghatiya Khurd, Thana Nandani, Tehsil And District- Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- P.S.- Nandani Nagar, District- Durg, Chhattisgarh.

---- Respondent For Applicant : Shri J.K. Gupta, Advocate.

For Respondent/State : Shri UKS Chandel, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 16/07/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 295/2017, registered at Police Station Nandani Nagar District Durg (C.G.), for the offence punishable under Section 394 R/w Section 34 of the IPC.

2. As per prosecution story, it is alleged that on 26.10.2017 about 11:00 PM, the present applicant along with the other co-accused person entered in the courtyard of the complainant/Balbir Singh and assaulted him, they also looted Rs. 7,100/- cash and two mobile phones worth Rs. 900/-. On the basis of above facts, crime was registered and the applicant has been arrested on 2710-2017.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the other co-accused

namely Ajuba Sishodiya has already granted benefit of bail by this Court vide order dated 26-06-2018 passed in MCRC No. 3941/2018. The applicant is in jail since 27-10-2017. Chargesheet has already been filed and the trial will likely to take some time to conclude, therefore, the present applicant may also be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties and perused the case diary.

6. Considering the above facts and circumstances of the case, particularly considering the fact that charge-sheet has already been filed and trial will likely to take some time to conclude. Further considering the fact that the applicant is in custody since 27-10-2017 and also the other co-accused Ajuba Sishodiya has already been granted bail by this Court, therefore, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the trial court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court.

Sd/- (Arvind Singh Chandel) Judge Shubham