Santosh Kumar Sahu @ Sukalu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5068 of 2019 Aditya @ Goldi Pandey S/o Late Gourishankar Pandey Aged About 19 Years R/o Kundrubadi, Chingrajpara, Bilaspur, Police Station- Sarkanda, DistrictBilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationSarkanda, District- Bilaspur, Chhattisgarh. ---- Respondent And M.Cr.C. No. 5287 Of 2019 Santosh Kumar Sahu @ Sukalu S/o Late Rajkumar Sahu Aged About 18 Years R/o Bahatrai Chowk, Atal Awas, P.S. Sarkanda, Tahsil And DistrictBilapsur, Chhattisgarh. ---- Applicant Vs State Of Chhattisgarh Through P.S. Sarkanda, District- Bilaspur, Chhattisgarh.

---- Respondent For the Applicants :

Shri G.V.K. Rao and Shri B.L. Dembra, Advocates.

For the Respondent/State :

Shri C.B. Kesharwani, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

03.09.2019 1.

Heard.

2.

Both these applications are being decided by this common order as they arise from the same incident. These are the first bail applications filed by the applicants for grant of regular bail to them, who have been arrested in connection with Crime No. 412 of 2019, registered at Police Station - Sarkanda, District - Bilaspur, Chhattisgarh for the offences punishable under

Sections 457 and 380, 34 of the Indian Penal Code. 3.

Learned counsel for the applicants submit that applicant - Aditya @ Goldi Pandey in M.Cr.C. No. 5068 of 2019 is in jail since 27.04.2019 and applicant - Santosh Kumar Sahu @ Sukalu in M.Cr.C. No. 5287 of 2019 is in jail since 10.05.2019 and they have been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, for these reasons, the applicants are entitled for grant of bail. 4.

On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect. 5.

Heard counsel for both the parties and perused the case diary. 6.

Complainant - Deepak Dewangan has lodged FIR that on the date of incident he saw the applicants nearby his house and then in the morning, he found that his pant was missing in the pocket of which, he had kept Rs.16,000/-. After lodging of FIR, some recovery of cash has been made from these applicants.

7.

Considering that the applicants are young men of tender age and they have no criminal antecedents, I feel inclined to grant regular bail to the applicants in both the cases.

8.

Accordingly, the bail applications filed under Sections 439 and 438 of the Cr.P.C. are allowed.

9.

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 trial Court, for their appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi