Vivek Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4519 of 2019 • Vivek Verma S/o Sardar Verma Aged About 22 Years R/o L.I.G. 303, Housing Board, Colony, Khilora, Police Station Mujgahan, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Civil Line, Raipur, District Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Kshitij Sharma, Advocate.

For Respondent/State : Shri Amit Kumar Verma, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/08/2019

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. 340/2019 registered at Police Station - Civil Line, Raipur, District - Raipur, Chhattisgarh, for the offence punishable under Sections 392, 34 of IPC.

2. In this case there are two accused persons. As per the prosecution story, on 26.05.2019 at around 10:30 pm, when Complainant Virendra Pandey was walking and talking over his mobile phone, allegedly, present Applicant alongwith co-accused namely Virendra Soni snatched mobile from him (complainant). On the basis of the said, report was made and offence has been registered. Applicant has been taken into custody on 03.06.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that, prima facie, no offence under Section 392 of IPC

can be made out against the present Applicant. Applicant has no previous criminal antecedents. He is in custody since 03.06.2019, charge-sheet has been filed and trial is likely to take some time. Therefore, he may be released on bail.

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

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that Applicant has no previous criminal antecedents, he is in custody since 03.06.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash