High Court Of ChhattisgarhMCRC/6551/2018allowed

Shankar Sahu v. State Of Chhattisgarh

2018-10-23Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6551 of 2018 • Shankar Sahu S/o Awadh Ram Sahu Aged About 23 Years R/oIndira Nagar Ward No. 56 Baghera, Durg, Tahsil And DistrictDurg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- The District Magistrate, Durg, Chhattisgarh.

---- Respondent For Applicant : Shri Vijay Kumar Sahu, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 23/10/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 453/2018 registered at Police StationDurg (Outpost Padmanabhpur), Distt. Durg (C.G.) for the offence punishable under Section 394 & 34 of the IPC.

2. As per prosecution story, complainant Narayan Chawda lodged a report on 03.06.2018, wherein it was alleged that present applicant along with another co-accused Sunil Goswami were entered his house and tried to loot and assaulted him and his wife. On the basis of above, offence has been registered. During course of investigation, present applicant has been arrested on 03.06.2018 itself.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that, applicant is in custody since 03/06/2018 and trial will take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned counsel for both the parties.

6. Considering the above facts and circumstances of the case, particularly considering the fact that, applicant is in custody since 03/06/2018 and trial will likely to take some time to conclude, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one local solvent surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham