High Court Of ChhattisgarhMCRC/7046/2019allowed

Pramod Singh Nat v. State Of Chhattisgarh

2019-12-20Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7046 of 2019 • Pramod Singh Nat S/o Shri Chakradhar Singh Nat Aged About 39 Years R/o Vijay Nagar, Pandrapat, P. S. Kapu, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Pussour District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Ajay Chandra, Advocate.

For Respondent :

Shri Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 20/12/2019

1. 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.259/2018 registered at Police Station -Pussore, District Raigarh (C.G.) for the offence punishable under Section 392 of the IPC.

2. It is the case of the prosecution that on 15.12.2018, the applicant along with some other co-accused persons have looted a total sum of Rs.1 lac from the complainant and his friend while they were going on a motorcycle after withdrawing the same amount from the Bank.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and nothing has been seized from the possession of the applicant.

He submits that charge sheet has been filed and the offence is triable by Magistrate and as the applicant is in custody since 28.5.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; charge sheet has been filed and the offence is triable by Magistrate, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita