High Court Of ChhattisgarhMCRC/7180/2021allowed

Chetan Sahu v. State Of Chhattisgarh

2021-10-29Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7180 of 2021 • Chetan Sahu S/o Tularam Sahu Aged About 29 Years R/o Baghod, Police Station - Dabhra, District - Janjgir - Champa (Chhattisgarh), ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station - Dabhra, District - Janjgir - Champa (Chhattisgarh). ---- Respondent For Applicant :

Mr. K. K. Pandey and Mr. Amitesh Kumar Pandey, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.10.2021 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 327/2021 registered at Police Station - Dabhra, District Janjgir-Champa (C.G.) for the offence punishable under Section 394/34of the IPC.

• As per the prosecution case, the allegation against the present applicant is that he along with co-accused person stopped the vehicle i.e. Haiva of the complainant, assaulted him and looted Rs. 10,300/- from him. Based on that, during investigation, applicant has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is

next submitted that the applicant is in jail since 16.08.2021, and he is ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon him by the Court, therefore, he may be released on bail. • Per contra, learned State counsel opposes the bail application submitting that the charge-sheet has not been filed yet. • I have heard counsel for the parties and perused the case diary.

• Considering the totality of the facts and circumstances of the case and nature of allegation, I am of the opinion that present is a fit case to release the applicant on bail. • Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

• It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 50,000/- with one solvent surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial. • Certified copy as per rule.

Sd/- (Rajani Dubey) Judge V/-