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High Court Of ChhattisgarhMCRC/6156/2015allowed

Chandan Nat v. State Of Chhattisgarh

2015-11-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6156 of 2015 Chandan Nat S/o Pitambar Nat Aged About 36 Years caste Nat, R/o Diwanpur, Police Station & Tahsil- Patthalgaon, District- Jashpur ( Chhattisgarh ) ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station - Sariya, District- Raigarh ( Chhattisgarh ) ---- Respondent For applicant - Shri J.K. Saxena, Advocate.

For Respondent/State - Shri Ashok Swarnkar, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 152/2009 registered in Police Station Sariya, District Raigarh (C.G.) for offence punishable under Section 392/34 of IPC.

2.

As per the prosecution case complainant Koushalya Patel after withdrawing Rs.55,000/- from bank was returning with her brother on a bicycle when two unidentified persons riding on an unnumbered motorcycle, snatched the bag from her hand and fled away. Report was lodged immediately after the incident against unknown persons. 3.

Learned counsel for the applicant submits that there is no evidence against the present applicant and no recovery has been made and he

further submits that there is no criminal past antecedents against the applicant and he is in jail since 4/04/2015. He submits that similarly placed co-accused have been enlarged on bail by the coordinate bench of this court in M.Cr.C. No.144/2010, therefore applicant may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard the facts and circumstances and also for the fact that similarly placed co-accused have been enlarged on bail by the coordinate bench of this court in M.Cr.C. No.144/2010, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri