High Court Of ChhattisgarhMCRC/6507/2017allowed

Shatrughan Sidar v. State Of Chhattisgarh

2017-12-13Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6507 of 2017 • Shatrughan Sidar S/o Sindhu Ram Aged About 21 Years R/o Village Khedama, Police Station Laelunga District Raigarh Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer Police Station Tamnar District Raigarh Chhattisgarh. ---- Respondent For Applicant Mr. Sunil Otwani, Advocate For Respondent /State Mr. Sangharsh Pandey, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/12/2017

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.153/2017, registered at Police Station Tamnar, District Raigarh (CG) for the offence punishable under Sections 394,34 of IPC.

3. The applicant along with a juvenile in conflict with the law namely Mukesh Sidar have committed robbery of Rs.10,000/- from victims Paramanand Yadav and Murlidhar Yadav. It is said

that the victims were travelling on a motorcycle. When they reached near Banjari temple, the accused persons stopped them and requested for providing some petrol. Having received the petrol, they committed robbery of Rs.10,000/-.

4. It is argued that the applicant and the victims are the residents of same village. On some dispute, scufÒe took place between them, however, the applicant has not committed robbery.

5. Learned counsel for the State would oppose the bail application. However, he would submit that the concerned SHO has not reported any criminal antecedents of the applicant.

6. Considering the fact that the offence is triable by the Judicial Magistrate First Class; the applicant is in jail since 02.07.2017 and; the investigation is complete, this Court is inclined to release the applicant on regular bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every da te given by the said Court.

8. Certified copy as per rules. Sd/- Judge (Prashant Kumar Mishra) Shyna