Yash Sachdev @ Honey v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4228 of 2019 • Yash Sachdev @ Honey S/o Shri Gurmukh Das Sachdev Aged About 21 Years R/o Lane No. 4, Near Moti Stationary, Telibandha, Raipur, District- Raipur, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police StationVidhan Sabha, Raipur, District- Raipur, Chhattisgarh. ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Kashif Shakeel, Advocate For Respondent/State : Shri Wasim Miyam, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 30.07.2019 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.155/2019, registered at Police Station Vidhan Sabha, District Raipur(CG) for the offence punishable under Sections 394,397 of the IPC. 3.
As per the case of prosecution, in the intervening night of 7th and 8th of April, 2019 when the complainant was returning from his duty, on the way the applicant with three others bring the Scooty in front of the applicant and stopped him and demanded money from him. When the complainant denied and started running, they caught hold and stabbed a knife to the complainant and looted Rs.6000/- from him and ran away from the spot.
4.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He submits the complainant has not identified the applicant and the applicant is in jail since 13.4.2019 and yet charge sheet has not been filed and trial will take some time for its final disposal, therefore, the applicant may be released on bail.
5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case and the nature of allegations against the applicant and the fact that the applicant is in jail since 13.4.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
10.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita