High Court Of ChhattisgarhMCRC/6821/2016allowed

Raman Mashih v. State Of Chhattisgarh

2016-11-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6821 of 2016 • Raman Mashih S/o Shri Pappu Mashih, Aged About 20 Years R/o Near Ridhi Sidhi Colony Temple, Rajiv Gandhi Nagar, Police Station Telibandha, District Raipur, Chhattisgarh.

---- Petitioner

Versus

• State of Chhattisgarh Through Police Station Telibandha, Raipur, District Raipur, Chhattisgarh.

---- Respondent For the applicant :

Mr. J.N. Nande, Advocate For the Respondent :

Mr. Sangharsh Pandey, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.11.2016

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. 216/2016 registered at P.S. Telibandha, Distt. Raipur (C.G) for the offence punishable under Sections 392, 201, 468, 471 of IPC.

2. As per the prosecution case, one Hitesh Sahu made a complaint that while he was returning from duty, he was stopped by the applicant alongwith other accused who was coming on motorcycle bearing No.C.G.04/4049 and had forcibly looted two mobiles from his pocket. Subsequently the applicant and other accused were arrested and from their possession, the mobiles and the motorcycle were seized.

3. Learned counsel for the applicant would submit that the

applicant has been falsely implicated as no identification of this applicant is made that he committed the offence. He further submits that the charge sheet has been filed and the applicant is in jail since 6.8.2016, therefore, he may be enlarged on bail.

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

5. Perused the case diary and other documents.

6. Considering the facts and circumstances of the case and the degree of allegations levelled against the applicant as also the fact that the charge sheet in this case has been filed and the applicant is in jail since 6.08.2016, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o