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High Court Of ChhattisgarhMCRC/4470/2017allowed

Gitesh Kumar Sahu v. State Of Chhattisgarh

2017-09-11Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4470 of 2017 • Gitesh Kumar Sahu S/o Shri Bhishmalal Sahu, Aged About 17 Years Through His Guardian Father Bhishmalal Sahu, S/o Late Bisauharam Sahu, Aged About 52 Years R/o New B S N L Colony Thana Kotwali, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Thana Kotwali, District Rajnandgaon Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------- For Applicant : Shri Samir Singh, Advocate For Respondent/State : Shri Ashok Swarnkar, Panel Lawyer ------------------------------------------------------------------------------------------- Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.9.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.258/2017 registered in Police Station Kotwali, Distt. Rajnandgaon (CG) for the offence punishable under Sections 392, 120B, 201/34 of the Indian Penal Code. 3.

Learned counsel for the applicant submits that after investigation, police has filed supplementary charge sheet which is presently pending before Juvenile Justice Board, Raipur as Criminal Case No.82/2017. Learned counsel for the applicant would submit that the applicant is a juvenile, he has been falsely implicated, he is in the observation home, he will not commit any offence in future, hence he may be granted bail during trial.

4.

Per contra, learned counsel for the respondent/State opposed the arguments advanced on behalf of the applicant, a juvenile. 5.

Perused the entire material.

Also perused the Social Investigation Report submitted by the concerned investigating authority under the law.

6.

On perusal of the said report, facts surfaced in the charge sheet, the act of the applicant/juvenile, without commenting anything on its merits, I am not inclined to release the applicant/juvenile on bail.

7.

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

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini