Rahul Verma & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6981 of 2020 1.

Rahul Verma, S/o Sant Kumar Verma, Aged About 20 Years, R/o Ward No. 12, Dhuldhul, P.S. Nevra, District- Raipur (C.G.) 2.

Hitesh Verma, S/o Gopal Verma, Aged About 18 Years, R/o Ward No. 07, Kohka, P.S. Nevra, District- Raipur (C.G.) --- Applicants

Versus

State of Chhattisgarh, Through: Station House Officer, P.S. TildaNevra, District- Raipur (C.G.) --- Respondent ________________________________________________________ For Applicant :

Mr. S.P. Sahu, Advocate.

For State/ Respondent :

Mr. Adil Minhaj, Govt. Advocate.

________________________________________________________ Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 29/10 /2020 1.

This is the first bail application 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. 256/2020, registered at Police Station- Tilda- Nevra, DistrictRaipur (C.G.) for the offence punishable under Section 394 of IPC.

2.

Learned counsel for the applicants submits that the applicants are in jail since 19.09.2020 and have been falsely implicated in this case. No case is made out against the applicants. There is no previous antecedent of the applicants. Hence, it is prayed that this applicants may be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application submitting that there is evidence present regarding recovery of stolen articles from the applicants, therefore, these

applicants are not entitled for grant of bail. Hence, the application for grant of bail may be rejected.

4.

Heard counsel for both the parties and perused the records. 5.

As per case of the prosecution, two unknown persons, who had covered their face with cloth, assaulted the complainant and looted his mobile phone worth Rs. 10,500/- and cash Rs. 2000/- along with Aadhar Card, Voter Card etc. After lodging of the FIR, the stolen articles were recovered from possession of the applicants.

6.

Considered on the submissions and the facts present in this case. After considering that the continuous detention of the applicants, is not required and that they have no criminal antecedent and there is likelihood of delay in filing of chargesheet and also in conclusion of trial, therefore, I am of this view that it would be proper to release the applicants on regular bail, hence, I feel inclined to grant bail to the applicants in this case. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Certified copy, as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Arun