Swapnil Mali @ Manu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6507 of 2019 • Raja Soni @ Bhanu S/o Phoolchand Soni Aged About 21 Years, R/o Dhangardeepa, Raigarh, Police Station-City Kotwali, Raigarh, Tahsil And District- Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Kotraroad, Raigarh, District- Raigarh, Chhattisgarh. ---- Respondent With MCRC No. 7001 of 2019 • Swapnil Mali @ Manu S/o Deepak Kumar Mali Aged About 19 Years, R/o Behind Old Police Line, Raigarh, Police Station City Kotwali, District Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Staion Kotra Road, District Raigarh, Chhattisgarh.

---- Respondent For Applicants :

Mr. D.L. Dewangan, on behalf of Mr. Ashish Gupta Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.11.2019

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 129/2019 registered at Police Station-Kotra Road, Raigarh, District-Raigarh (C.G.) for the offence punishable under Section 394 of the IPC.

2. The prosecution story, in brief is that, on 15.06.2019 the complainant Medni Singh Thakur lodged a report that in the night

when he was returning from marriage function at that time two unknown persons snatched his Redmi mobile phone and cash Rs. 11,000/-. During the course of investigation the applicants were arrested. Based on this offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants are in jail since 22.07.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the offence is triable by Judicial Magistrate First Class and the present applicants are in jail since 22.07.2019 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 applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu