Pradeep Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7044 of 2019 • Pradeep Singh S/o Bajrang Bahadur Singh Aged about 22 years, R/o Vidyut Nagar, Tifra, P.S. Sirgitti, District-Bilaspur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Civil Line, Bilaspur, District-Bilaspur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Trivikram Nayak, Adv.

For Respondent/State :

Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/12/2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 547/2019 registered at Police Station-Civil Line, Bilaspur, District-Bilaspur (C.G.) for the offence punishable under Section 392/34 of the IPC.

2. The prosecution story, is that on 20.08.2019 at about 03:00 am when the complainant Sunil Kumar Nilmalkar was unloading his truck bearing registration No. CG-11-AM-0799 near Mangla Chowk, the applicant along with other two co-accused stopped there swift car bearing registration No. CG-11-F-1566 in front of the truck and Rs. 2000/- cash and mobile of his helper robbed by the applicant and other co-accused persons. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the other co-accused was already been

granted bail in MCRC No. 6755/2019 so, the present applicant may also be granted benefit of bail. The applicant is in jail since 21.08.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant 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 applicant and further considering the facts that the other co-accused was already been granted bail by this Court and the present applicant has no previous criminal antecedent. The present applicant is in jail since 21.08.2019 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

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