Sunil Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5668 of 2018 • Sunil Sahu S/o Jhangluram Sahu Aged About 23 Years Caste- Teli R/o- Village Bacherabhata, Tehsil And Police Station Dongargarh, District- Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- The District Magistrate, District Rajnandgaon, Chhattisgarh.

---- Non-applicant For Applicant : Shri S.S. Baghel, Advocate.

For Non-applicant : Ms. Smita Ghai, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 29.08.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with crime No. 160/2017 registered at Police Station - Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Section 392 of the Indian Penal Code.

3.

Case of the prosecution, in brief is that the complainant was going to bank to deposit Rs. 35000/-, when she was on the way applicant and co-accused snatched the said bag.

4.

Learned counsel for the applicant argued that the case is triable by Judicial Magistrate First Class, the applicant has no criminal background, he is innocent and has been falsely implicated in the

present case, therefore, he shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application and submits that two other similar cases have been registered against the applicant.

6.

Looking to the facts and circumstances of the case, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, this Court is not inclined to give benefit of Section 439 of the Cr.P.C. to the applicant.

7.

Consequently, the present bail application is rejected. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore