Sumit Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1010 of 2017 Sumit Pandey, S/o. Vijay Kumar Pandey, Aged About 19 Years, (Student I.T.I.), R/o. Phase -A, Plot No: 215, Rajkishore Nagar, Police Station: Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station: Koni, Bilaspur, District : Bilaspur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Pushpendra Singh Baghel, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 15.03.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.315/2016 registered at Police Station- Koni, District Bilaspur (C.G.) for the offence punishable under Section 395 of Indian Penal Code. 2.

As per the prosecution case, on 06.11.2016 at about 4:30 a.m., the applicant along with others came on motorcycles and stopped two trucks being driven by complainants at Mopka Sendri Bypass road and assaulted them and looted mobiles and cash of Rs.9000/- from the drivers and other inmates of the trucks and thereafter took out the batteries of the trucks, thereby the offence has been committed.

3.

Learned counsel for the applicant would submit that the applicant is a student of I.T.I. and he is 19 years old and the charge sheet has been filed. He further submits that the similarly placed co-

accused has been enlarged on bail by this Court on 09.03.2017 in MCRC No.459 of 2017, therefore, the present applicant may also be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the similarly placed co-accused has been enlarged on bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that the charge sheet has been filed and the similarly placed co-accused have already been enlarged on bail, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok