Sunil Rajak And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7144 of 2019 • Sunil Rajak . S/o Vijay Rajak Aged About 19 Years R/o Ward No. 14 Near Sharda Temple Sirgitti Police Station- Sirgitti District - Bilaspur Chhattisgarh.

• Jitendra S/o Arjun Yadav Aged About 18 Years R/o Mundadevari Police Station Pathariya District - Mungeli Chhattisgarh., ---- Applicants

Versus

• State Of Chhattisgarh Through - The Police Station Hirri, District - Bilaspur Chhattisgarh.

---- Respondent For Applicants : Shri P.K.Tulsyan, Advocate For Respondent/State : Smt. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 06/01/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.138/2019 registered at police station Hirri, District Bilaspur (CG) for the offence punishable under Section 394 IPC.

Case of the prosecution in brief is that report was lodged by the complainant who is a truck driver, alleging that the applicants have looted him of Rs. 8,200/- after assaulting him. It is further stated that on hearing the cries, the villagers of the nearby locality reached there and the applicants were caught.

Counsel for the applicants submits that the applicants have been falsely implicated in the case. He further submits that nothing has been seized from the possession of the applicants. He submits that the applicants are in jail since 10.09.2019; the charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of applicants' furnishing a personal bond in the sum of Rs. 50,000/- with one surety each, for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna