High Court Of ChhattisgarhMCRC/6386/2019allowed

Komal Dhruw v. State Of Chhattisgarh

2019-11-28Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6386 of 2019 • Komal Dhruw S/o Mannu Dhruw Aged About 21 Years R/o Chhachanpairi, Police Station Mujgahan, Tahsil Abhanpur, DistrictRaigarh, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S. Mujgahan, District- Raipur, Chhattisgarh.

---- Respondent For Applicant :

Ms. Sunita Sahu Advocate.

For State :

Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 28/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 306/2019 registered at Police Station - Mujgahan, District Raipur(C.G.) for the offence punishable under Section 392 of IPC.

• The prosecution story in brief is that, the complainant lodged report to the concern police Station alleging that on 17.07.2019 at about 10.15 PM, two unknown persons stopped complainant for lift and looted case amount of Rs. 2,300/- and one mobile phone of Rs. 4,000/- On the basis of above facts, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and

conditions which may imposed by this Court. He next submits that the applicant is in jail since 19.07.2019, therefore, the present applicant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the applicant is in jail since 19.07.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu