Anshuman Singh Bais v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 86 of 2017 Anshuman Singh Bais, S/o. Shri Ram Naresh Singh, aged about 18 years, R/o. Makhanlal Colony, Qr. No.HIG-1, Rajkishore Nagar, Police Station - Sarkanda, District - Bilaspur (C.G.) ---- Applicant
Versus
The State of Chhattisgarh, Through : Station House Officer, Police Station - Ratanpur, District - Bilaspur (C.G.) ---- Respondent For Applicant :
Mr. Pushpendra Singh Baghel, Advocate For Respondent :
Mr. Arvind Shukla, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/01/2017 1.
This is the first bail 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.277/2016, registered at Police Station- Ratanpur, District - Bilaspur (C.G.) for the offence punishable under Section 341, 395, 34 of Indian Penal Code. 2.
Case of the prosecution in brief is that on 06.11.2016 at about 3.30 am, the applicant along with other co-accused namely Govind Chauhan, Putrasmit Das, Sumit Pandey, Subham Agrawal, Abhinav Gauraha, Sudhanshu Pandey and Bhanu Pratap Singh Jangade were travelling in four motor cycle and they stopped the truck bearing No. C.G.-15-AC-8025 and thereafter, assaulted driver and the owner and looted Rs.29,000/- cash, two mobiles, driving license, PAN card, Adhar card, ATM Card etc. Subsequently, the driving license, Pan
Page No.2 Card, ATM card and the mobiles were thrown. Subsequently, the applicant was arrested and were identified. Thereby the offence has been committed.
3.
Learned counsel for the applicant would submit that the applicant is the student and went to celebrate the birthday of one of the friend at Dhaba, wherein the truck which is alleged to be looted was also parked and it has dashed one of the motor cycle, which resulted into altercation and the complainant and the accused persons have beaten each other, however, in order to avoid the case of accident, the false report has been made. It is further submitted that the applicant is the student and is preparing for CLAT examination. It is further submitted that charge-sheet in this case has been filed and the applicant is in jail since 08.11.2016, therefore, the counsel prays that the applicant may be enlarged on bail.
4.
On the other hand, learned State counsel opposes the bail application .
5.
I have heard the learned counsel for the parties. 6.
Perused the case diary and the documents. Perusal of the case diary it appears that charge-sheet in this case has been filed. The document filed along the bail application would show that the applicant is a student of Class-12th. Though the memorandum statement of Bhanu Pratap Singh Jangade one of the accused was recorded that apart from this truck, 3-4 trucks were looted and batteries were taken out but the case diary do not show that any recovery was made or any further report is made. The statement of Dinesh Yadav, Chhote Lal Gupta and Triveni Dewangan are on record, who were in the truck as driver and
Page No.3 helper. No recovery is made of Aadhar card, Pan Card etc. Taking into the nature of allegation and further taking into the fact that chargesheet in this case has been filed and the applicant appears to be student of Class-12th, no further investigation is necessary and the applicant is in jail since 08.11.2016, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.
7.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
8.
It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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