Golu Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4816 of 2019 • Golu Gupta S/o Omprakash Gupta, Aged about 18 years, R/o Village- Godermana, P.S. Ranka, District Grahwa, Jharkhand ---- Applicant

Versus

• State of Chhattisgarh, through Police Station Basantpur District Basantpur Ramanujaganj (C.G.) ---- Respondent For Applicant :

Shri Vikas Pandey, Adv.

For Respondent/State :

Shri Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 19.08.2019

1. The accused/applicant has moved this bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 84/2019 registered at Police Station Basantpur, District Balrampur- Ramanujaganj (C.G.) for the offence punishable under Section 392 of IPC.

2. The prosecution story, in brief is that on 13.05.2019 at about 08:30 PM the complainant namely Sadan Singh was going to Sulsuly from Pashupatipur by his own motorcycle and, suddenly, 3 unknown persons came there and threatened him and committed robbery of mobile phone & Motorcycle from the complainant. Thereafter, on 13.05.2019, FIR was registered against the unknown persons at police Station Basantpur. After investigation, the matter and challan has

been filed before the Court below against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has no criminal background. The applicant is in jail since 15.05.2019, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 15.05.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local 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 to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu