Sunny Wadhwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5478 OF 2015 Sunny Wadhwani aged 22 years son of Parasram Wadhwani resident of Fazal-bada Juna Bilaspur P.S. City Kotwali Tahsil/District Bilaspur (C.G.) ---Applicant

Versus

State of Chhattisgarh through the Police Station Sarkanda Bilaspur District Bilaspur (C.G.) ---Non-applicant For Applicant :

Mr. Ritesh Verma, Advocate For Non-applicant :

Mr. Anant Bajpai, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 301/2015, registered at Police Station Sarkanda, District Bilaspur (C.G.), for the offence punishable under Section 393 of IPC.

2.

Case of the prosecution, in brief, is that present applicant is alleged to have made attempt to snatch gold chain of the complainant on 14/07/2015 at about 8.30 P.M.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that identity of the applicant has not been established. He would lastly submit that applicant is in jail since 15/07/2015 therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant in offence in question and pretrial detention of the applicant since 15/07/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on 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 his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari