A. Ajay & ANR. v. State Of Achhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5758 of 2018

1. A. Ajay, S/o Shri Shreenudas, aged about 21 years, R/o Village Paklapali, Post Office & Police Station Aarka, District Ganjam (Odisha).

2. T. Rajesh, S/o T. Seemanchal, aged about 20 years, R/o I.B. Camp, Post Office & Police Station Aarka, District Ganjam (Odisha). ---- Applicants

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Saraipali, District Mahasamund (CG).

---- Non-applicant For Applicants : Mr. Shivendu Pandya, Advocate.

For Non-applicant : Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 09.10.2018 1.

This is a second bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other Court.

2.

The applicants have been arrested in connection with Crime No.367/2017 registered in Police Station Saraipali, District Mahasamund for the offence punishable under Sections 392/34 of Indian Penal Code. 3.

The first bail application of the applicants was dismissed as withdrawn with liberty to revive the same at the appropriate stage by co-ordinate bench of this Court passed in M.Cr.C. No. 4092 of 2018 decided on 02.07.2018. 4.

Prosecution story in brief is that on 14.11.2017 complainant Durga Shanker Patel had withdrawn an amount of Rs.1,27,000/- from the District Cooperative Central Bank Limited, Raipur, Branch Saraipali and, thereafter, he was going with his mother to Kutela by his motor-cycle. At that time, the applicants came from back side of road by motor-cycle and snatched the bag.

The alleged cash was in that bag.

5.

Counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case hence they may be released on bail.

6.

Counsel for the State submitted that one another criminal case under Section 379/34 of IPC has already been registered against the applicants hence they are not entitled for grant of bail. 7.

Offence is triable by JMFC.

8.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicants furnishes two solvent sureties each for a sum of Rs.25,000/- each along with one personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that will not involve themselves in any of the crime in future, they be released on bail.

9.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-