Vasudeo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6612 of 2018 Vasudeo S/o Late Bhagirathi Suryavanshi Aged About 20 Years R/o Village- Parsada, P.S.- Chakarbhatha, District- Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh .

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer , Police Station-Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Rajeev Kumar Dubey, Advocate For the State :

Shri Sumit Jhawar, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No.265/2018 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Section 392, 34 of IPC.

3. Case of the prosecution, in brief is that on 24/06/2018 complainant Suraj Kaushik was returning back his house from Bilaspur after selling paddy. Rs. 18,500/- was in his pocket. Near Petrol Pump at village Ganiyari three persons came near to him, given threatening to kill and demanded the valuable articles. One person slapped on his cheek, two persons robed Rs.18,500/- and one mobile of Intex company. All the three persons ran away from there. During investigation complainant identified the applicant. On instance of memorandum of applicant Rs.3000/- has been seized from him.

4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. He further submits that there is no antecedents against the applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicant.

7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde