Amit Dandekar @ Chhotu @ Fadu & ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5047 of 2019

1. Amit Dandekar @ Chhotu @ Fadu S/o Mathuresh Dandekar, Aged About 21 Years

2. Lokesh Baghel @ Dadu S/o Bhojram Baghel Aged About 22 Years (Both are r/o Sukwari Bazari, Indira Nagar, Birgaon, Near Gyandas Baghel Kirana Shop, Police Station Urla, Raipur, Tahsil And District Raipur Chhattisgarh) ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Khamtarai, Raipur, District Raipur Chhattisgarh ---- Non-applicant For Applicants : Ms. Richa Dwivedi, Advocate.

For Non-applicant/State : Mr. Adil Minhaj, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 28-08-2019 Heard.

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 02.07.2019 in connection with Crime No. 352/2019, registered at Police StationRaipur, District- Raipur, C.G. for offence punishable under Sections 394 r/w Section 34 of Indian Penal Code.

2. It is submitted by learned counsel for the applicants that the applicants are in jail since 02.07.2019. These applicants have not committed any offence. They did not have any criminal antecedents, therefore, it is prayed that these applicants may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application

-2and submits that according to facts and circumstances of this case, applicants are not entitled for grant of bail.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, the complainant Puran Singh has lodged F.I.R. that on the date of incident, these applicants and one other co-accused took him to a lonely place and then by assaulting and beating him looted Rs. 2,000/- cash and one gold chain from his possession. Hence, this case.

6. After considering that these applicants do not have any criminal antecedents and the investigation in this case appears to be nearly completed, therefore, no purpose will be served, if the applicants are kept in continuous detention. Therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika