Somlal @ Somnath Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6550 of 2020 Somlal @ Somnath Sahu, Son Of Shri Narayan Sahu, Aged About 18 Years, Occupation - Student, Resident Of Village - Semariya, Post Kanhera, Chowki-Khandsara, P.S.- Bemetara, District- Bemetara (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh, Through- P.S. Dadhi, District- Bemetara (Chhattisgarh) ---- Respondent For Applicant :

Mr. Manish Nigam, Advocate.

For Respondent/State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 15.12.2020 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 on 31.08.2020 in connection with Crime No.104/2020 registered at Police Station Dadhi, District Bemetara, for the offence punishable under Section 457, 511/34 of Indian Penal Code.

2.

As per the prosecution case, on 31.08.2020 on an information given by one Shesh Prakash Sahu, the applicants were caught red handed while they entered into the ATM with Lathi & Sabbal and damaged the ATM with an intention to loot the money.

3.

Learned counsel for the applicant submits that the charge sheet in this case has been filed and no money was looted and false allegations have been made at the instance of Shesh Prakash Sahu. He submits that no further interrogation is necessary, therefore, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail. 5.

Considering the nature of offence and the fact that the charge sheet has

been filed and the offence are triable by the Magistrate and the applicant is in jail since 31.08.2020, I am inclined to release the applicant on bail. 6.

Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Goutam Bhaduri) Judge Ashok