Sahil Khan @ Daddu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3526 of 2015

1. Dron Kumar Sahu, aged 26 years, S/o Shri Tejpratap Sahu,

2. Yogesh @ Yoglal Sahu, aged 23 years, S/o Shri Pahalu Ram Sahu, Both R/o Vil:Belar, P.S.Abhanpur, Civil & Rev. Distt.-Raipur (CG) ---Applicants

Versus

State of Chhattisgarh Through: Abhanpur, Civ: & Rev: Dist:Raipur (CG) And M.Cr.C.No.3724 of 2015 Sahil Khan @ Daddu, aged 34 years, S/o Shri Anuj Khan, R/o Ram Nagar, Karma Chouck, P.S. Gudhiyari, Civil & Rev. Disttt.Raipur (CG) ---Applicant

Versus

State of Chhattisgarh Through: Abhanpur, Civ: & Rev: Dist:Raipur (CG) ---Non-applicant For Applicants :

Mr.Devershi Thakur, Advocate For Non-applicant :

Mr. Qamrul Aziz, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/07/2015 1.

Since the aforesaid two bail applications have been filed against the same crime number i.e. Crime No.111/2015, they are being disposed of by this common order.

2.

These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.111/2015, registered at

Police Station-Abhanpur, Distt.Raipur (CG), for the offence punishable under Section 384/34 of the IPC.

3.

Case of the prosecution, in brief, is that the present applicants have allegedly extorted Rs.60,000/- from complainant Ramesh Kumar Rigri by threatening him by air pistol from December, 2013 to April, 2015 and thereby committed the aforesaid offence.

4.

Learned counsel for the applicants would submit that the applicants have not committed any offence and have been falsely implicated in offence in question. The applicants are in jail since 11/20.5.2015. There is huge delay in lodging the F.I.R. and the prosecution has failed to explain such delay. Learned counsel would further submit that charge-sheet has already been filed and no useful purpose would be served in keeping the applicants in jail. 5.

On the other hand, learned counsel for the State would oppose the bail applications.

6.

I have heard learned counsel appearing for the parties and perused the case diary.

7.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; extent of delay in lodging the F.I.R. and the role of the applicants in offence in question, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail.

8.

Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed.

9.

It is directed that applicants Dron Kumar Sahu, Yogesh @ Yoglal Sahu and Sahil Khan @ Daddu shall be released on bail on their furnishing

a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

10.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-