Rajwant Bharti & ORS. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5292 of 2019

1. Rajwant Bharti S/o Late Premnath Bharti, Aged About 20 Years, R/o Kirodimal Nagar, Tahsil and District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

2. Krishna Kumar S/o Sipahi Yadav, Aged About 19 Years, R/o Kirodimal Nagar, Tahsil and District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

3. Rajkishan Sinha S/o Kishore Kumar Sinha, Aged About 19 Years, R/o Kirodimal Nagar, Tahsil and District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Thana In-Charge, Kotraroad, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ----Non-applicant For Applicants - Shri Rajendra Tripathi, Advocate. For Non-applicant/State -Shri Sanjay Pathak, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-09-2019 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 18-07-2019 in connection with Crime No.192/2019 registered at P.S. - Thana Kotraroad, District Raigarh Chhattisgarh for the offence under Section 394 of the IPC. 2.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 18-07-2019. These applicants have not committee any offence. Charge sheet has been filed in this case. Therefore, it is prayed that the applicants may be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Complainant Nutan Kumar Sahu has lodged the FIR that three unknown person looted from his possessions cash Rs.2,300/- and his mobile worth

-2Rs.20,300/-. During investigation at the instance of these applicants the mobile phone and other articles have been seized. Hence, this case. 6.

Considering that these applicants do not have any criminal antecedent and the case is now pending for trial, 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 each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety 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 Aadil