Mukesh Kumar And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8065 of 2018 1.

Mukesh Kumar, S/o Chaitram Bareth, Aged About 21 Years, R/o Village Temar, Police Station & Tahsil Sakti, District Janjgir-Champa (C.G.) 2.

Omprakash, S/o Late Dataram, Aged About 21 Years, R/o Village Temar, Police Station & Tahsil Sakti, District JanjgirChampa (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Sakti, District Janjgir-Champa (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicants :

Mr. Kamlesh Kumar Pandey, Advocate.

For State :

Mr. Vivek Sharma, G.A.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31/10/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 25.08.2018 in connection with Crime No. 485/2018 registered at Police Station- Sakti, District- JanjgirChampa (C.G.), for the offence punishable under Sections 394, 506, 341 & 34 of IPC and Sections 25 & 27 of Arms Act. 2.

As per the prosecution case, the applicants committed robbery of Rs. 3000/- from the complainant and assaulted him. 3.

Learned counsel for the applicants submits that the applicants are innocent and the trial will take sufficient time to conclude, therefore, the applicants may be enlarged on bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the fact that the offence is triable by Judicial Magistrate First Class and will take sufficient time to conclude, without further commenting on merits of the case, I am inclined to release the applicants on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in sum of Rs. 25,000/- each with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun