Vijendra Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9217 of 2018 Vijendra Singh S/o Chandrakishore Singh Rajput, aged about 23 years R/o Village Arjuni, Police Station Dongargaon, District Rajnandgaon (C.G.) --- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Dongargaon, District Rajnandgaon (C.G.) ---- Respondent For Applicant :

Mr. Abhishek Sharma, Advocate For Respondent :

Ms. Smita Ghai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 14/12/2018 1.

The Applicants have preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 288/2018 registered at Police Station Dongargaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380, 394 read with 34 of the IPC. 2.

As per prosecution story, 02/10/2018 Complainant Nirmala Sahu lodged a report stating therein that three persons entered into her house and made robbery of Rs. 5000/-. They also assaulted her and her children. On the basis of said report, offence has been registered. During course of investigation, on the basis of memorandum statement of the Applicant, Rs. 1500/- has been seized from his possession. The Applicant has been taken into custody on 14/10/2018. 3.

Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated. He further

submits that the Applicant is in custody in 14/10/2018, the matter is triable by the Judicial Magistrate First Class, the Applicant has no criminal antecedent and trial will take time, therefore, he may be released on bail.

4.

Counsel appearing on behalf of the State also opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the Applicant is in custody in 14/10/2018, the matter is triable by the Judicial Magistrate First Class and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed. Sd/- (Arvind Singh Chandel) Judge Rahul