Surendra Chouhan And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8071 of 2018 • Surendra Chouhan S/o Dilharam Chouhan Aged About 22 Years R/o Village Puraina Police Station Urga, District Korba Chhttisgarh.

• Deepak Prakash Mahant S/o Chamra Das Mahant Aged About 22 Years R/o Village Puraina Police Station Urga, District Korba Chhttisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Urga, District Korba Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------ For the applicants : Mr. Rahul K. Mishra, Advocate.

For the respondent/State : Mr. Vinod Tekam, P.L.

Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 12-11-2018.

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 24-9-2018 in connection with Crime No. 222 of 2018 registered at Police Station Urga, District Korba (CG), for the offence punishable under Section 394 read with Section 34 of the IPC.

2.

As per case of prosecution, the applicants committed robbery of currency notes amounting to Rs.10,800/- and one Micro Max mobile phone from the complainant Ashok Kumar Gond and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicants would submit that the applicants are innocent, offence is punishable by

Judicial Magistrate First Class and trial will take sufficient time to conclude, therefore, they should be enlarged on bail. 4.

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

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Looking to the fact that the offence is triable by the Judicial Magistrate First Class and further looking to the fact that the trial will take some time to conclude, I am inclined to release the applicant on bail.

7.

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 each of them furnishing a personal bond in the sum of Rs.25,000/- 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 Raju