Suraj Bahadur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7264 of 2019 • Suraj Bahadur S/o Devbahadur Aged About 20 Years Occupation Labor R/o Darripara, Police Station And Tahsil Ambikapur, District Surguja, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Ambikapur, District Surguja, Chhattisgarh.

---- Respondent For Applicant :

Mr. Nishi Kant Sinha, Adv.

For State :

Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 03.02.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 331/2019 registered at Police Station - Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections397, 120 B of IPC and Sections 25 & 27 of Arms Act. • As per the prosecution story, the allegation against the present applicant is that he along with co-accused persons has stopped the Truck, assaulted the driver and committed loot of Rs. 6,000/- and 3 mobile phones. Based on that, after completion of investigation, offence has been registered against the applicant and he has been arrested. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that the present applicant has been made accused in the present case only on the basis of memorandum of the co-accused person. Applicant is in jail

since 29.06.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicant may be released on bail.

• Per contra, State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, as 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.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu