Indra Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8472 of 2020 • Indra Verma, S/o Ramkumar Verma, Aged About 39 Years, R/oVillage Chikhali, Police Station- Aurang, Raipur, Tahsil & DistrictRaipur, Chhattisgarh, At Present R/o- Ward No. 15, Behind Khan Krishi Kendra Berla, District- Bemetara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Simga, District- Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicant : Mr. Sakib Ahmed, Adv.

For Respondent/State : Mr. Samir Uroan, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.04.2021

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 192/2020 registered at Police Station- Simga, District- BalodabazarBhatapara, (C.G.) for the offence punishable under Sections 341, 394, 506, 395, 397, 398, 412, 120-B of IPC and Section 25, 27 of Arms Act.

2. The prosecution story, in brief is that, it has been alleged that present applicant along with other co-accused persons committed loot of Rs. 5400/- from the complainant and Rs. 500/- from the helper and Iron Rods amounting to Rs. 10,70,057/- from the truck. Thereafter, offence has been registered against the present applicant and he has been taken into custody.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that no seizure has been recovered

from the possession of the applicant. He next submits that TIP has been conducted in which applicant is not identified and he was arrested only on the basis of suspicion. He added that applicant is in jail since 24.08.2020 there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by the applicant is of serious in nature, and, therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that no seizure has been recovered from the possession of the applicant and he is not identified in TIP also and applicant is in jail since 24.08.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi