Ankit Bishen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1897 of 2017 Ankit Bishen S/o Shri Munna Lal Bishen, Aged About 19 Years R/o At Present K. V. T. 210, Kabeer Nagar, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Thana Kasdol, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For applicant Mr. Sameer Singh, Adv.

For Respondent/State Mr. Vinod Tekam, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 24/04/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 381/2016 registered in PS Kasdol, Distt. Baloda Bazar, Bhatapara for offence punishable under Section 454, 394, 414, 120-B of the IPC, Section 25 and 27 of the Arms Act and Section 65(B) of the Information of Technology Act.

3. Learned counsel for the applicant submits after investigation charge sheet has been filed which is pending before the JMFC, Kasdol being Criminal Case No. 703/2016. Case of the prosecution is that from the possession of the applicant, a motorcycle was seized and the applicant is identified in the test identification parade. He submits that the test identification parade is doubtful. The applicant is the first offence. Hence he may be granted bail during trial.

4. Per contra learned State counsel opposes the bail application and submits that bail application of co-accused Dixa Trivedi is dismissed being MCRC No. 578/2017 today itself. The present applicant is well identified by the witnesses which goes to show his involvement in the matter and as the matter is in relation to robbery along with injury

caused to the complainant and witnesses, the instant bail application may be rejected.

5. Perused the matter.

6. Considering that the applicant is identified and the offence registered against the applicant, I am not inclined to grant bail to the applicant.

7. The application is rejected.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak