Sunil Kumar Dhruv v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1055 of 2017 Sunil Kumar Dhruv S/o Derha Dhruv Aged About 20 Years R/o Village: Keshwa, Police Station & Tahsil: Mahasamund, District: Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District: Mahasamund, Chhattisgarh. ---- Respondent For applicant - Shri Gurudev I Sharan, Advocate. For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 2/03/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 459/2016 registered in Police Station Mahasamund, District Mahasamund (C.G.) for offence punishable under sections 394, 201 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 16/09/2016, the applicant alongwith other co-accused stopped one Jageshwar @ Jugnu while he was returning home at Mahasamund by advertisement vehicle of his firm Kisan-Mitan bearing No.C.G.-06-M-0861 at near Keshwa Basti. Thereafter, assaulted and looted the gold chain, mobile charger, pen drive, torch etc. Subsequently, the report was made after knowing the name. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that in this case no seizure has been made from the applicant and he has been falsely implicated in the case. He further submits that against the applicant in the year 2012 case under section 380 IPC while he was juvenile was

registered and in 2013 case under Section 458 and 394 IPC have been registered and for last 4-5 years no offence has been attributed to the applicant, therefore he may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case and the fact that no seizure has been made in this case from the applicant, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri