High Court Of ChhattisgarhMCRC/5509/2016dismissed

Shankar Gond v. State Of Chhattisgarh

2016-09-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5509 of 2016 • Shankar Gond S/o Shri Leelaram Gond Aged About 25 Years R/o Village-Kanshibahara, Ramsagarpara, Police Station Bheemkhoj, Civil & Revenue District-Mahasamund, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through the Station House Officer, Police Station-Akalatara (Wrongly Mentioned through-the District Magistrate Janjgir-Champa), Civil & Revenue DistrictJanjgir-Champa, Chhattisgarh. --- Respondent For the applicant :

Mr. Parasmani Shriwas, Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.09.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 56 of 2016 registered at P.S. Akalatara Distt. Janjgir Champa (C.G) for the offence punishable under Section 392 & 34 of IPC.

2. As per the prosecution case, a report was lodged by one Narain Agrawal that he went to deposit Rs.1,40,000/- in the Bank from his shop. When he reached near the Bank at that time the applicant and others came on a motorcycle and snatched the cash bag from him and fled away, thereby the offence was committed.

3. Learned counsel for the applicant would submit that there is no evidence available against the present applicant and only one of the accused A. Dembra has been identified and therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and also memorandum statement of co-accused. A perusal of the case diary would show that one of the co-accused A. Dembra was identified and on his memorandum, certain amounts were also seized.

6. Considering the nature of evidence collected which also contains the details of calls showing the conversation made between the accused, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o