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High Court Of ChhattisgarhMCRC/7688/2020allowed

Sonu @ Saleem Khan v. State Of Chhattisgarh

2021-01-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7688 of 2020 Sonu @ Saleem Khan S/o Bashir Khan Aged About 30 Years R/o Zone-I, Behind ITI, Khursipar, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Pulgaon, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent For Applicant :

Shri Ganesh Burman, Advocate For State :

Shri Aman Kesharwani, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2021 Heard.

1. The applicant is arrested in connection with Crime No.357/2020 registered in Police Station- Pulgaon, District- Durg (CG) for alleged commission of offence under Sections 294, 323, 34, 394, 506-B IPC,

2. Case of the prosecution, in brief, is that the applicant and other co-accused looted two goats from the victim and also assaulted him.

3. Learned counsel for the applicant would submit that the applicant has not committed any such offence. He has been falsely implicated. The complainant has not produced any receipt of purchase of goats which he claims to be of his own. Learned counsel submits that the investigation is complete, charge sheet has also been filed and the applicant is in jail since 24.9.2020, therefore, at this stage, he may be released on bail.

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

-2by submitting that the applicant has come along with the co-accused and looted two goats from possession of the complainant and also assaulted him resulting in simple injury.

5. Taking into consideration the submissions made by learned counsel for the parties, taking into consideration the nature of allegation and further taking into consideration that the investigation is complete and charge sheet has been filed and the applicant is in jail since 24.9.2020, I am inclined to allow the application.

6. The application is accordingly allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/-/---/--/-/------ (Manindra Mohan Shrivastava) Judge Praveen