Sunil Anare @ Gattu v. State Of Chhattisgarh
Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7432 of 2016
1. Sunil Anare @ Gattu, aged about 22 years, S/o. Shri Kalam Anare, R/o. Village-Tarsinga, P.S. : Tanda, District - Dhar (MP) Mo.9589776278.
----Applicant
Versus
1. The State of Chhattisgarh, Through : the Police Station : Telibandha, District - Raipur (C.G.) ---- Respondent For Applicant : Mr. N.Naha Roy, Advocate For Respondent/State : Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/11/2016 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.151/2016, registered at Police Station - Telibandha, District - Raipur (C.G.) for the offence punishable under Section 399, 402 of Indian Penal Code, 1860 and Section 25 and 27 of Arms Act,1925.
2.
Case of the prosecution, in brief, is that on 04.06.2016 on a secrete information received that the applicant along-with other co-accused are planing for dacoity at certain place, they were apprehended at about 10.30 p.m. and thereafter on the memorandum, it revealed
Page No.2 that the applicant along-with other co-accused tried to plan to commit dacoity at Raipur.
3.
Learned counsel for the applicant submits that without any evidence, the applicant is inside the jail. It is further submitted that probable place of dacoity has also not been investigated and only on presumption, the applicant is arrested. The recovery of the mobile would also show that it was inactive and therefore had there been any planning for dacoity, the applicant would not have kept the inactive mobile phone. It is further submitted that similarly placed co-accused Ban Singh has been enlarged on bail by this Court in M.Cr.C. No.6033/2016 vide order dated 03.10.2016, therefore, the counsel prays that the applicant may also be enlarged on bail. 4.
On the other hand, learned counsel for the State opposes the bail application, however, he is not able to dispute the fact that similarly placed co-accused has been enlarged on bail. 5.
I have heard learned counsel appearing for the parties. 6.
Perused the case diary and the documents. Considering the facts and circumstances of the case, memorandum statement and the evidence available against the applicant and further considering the fact that similarly placed co-accused Ban Singh has been enlarged on bail by this Court in M.Cr.C. No.6033/2016 vide order dated 03.10.2016, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.
Page No.3 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 his 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/- (Goutam Bhaduri) Judge Balram