High Court Of ChhattisgarhMCRC/9297/2018disposed off

Ram Singh v. State Of Chhattisgarh

2018-12-14Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9297 of 2018 • Ram Singh S/o Dhoularam, aged about 18 years, R/o Village Temar, Tahsil and Police Station Sakti, District Janjgir Champa, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Sakti, Civil and Revenue District Janjgir Champa, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Deepak Kumar Singh, Advocate.

For Respondent/State : Shri Adil Minhaj, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 14/12/2018

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 485/2018, registered at Police Station - Sakti, Civil and Revenue District- Janjgir-Champa, (C.G.) for the offence punishable under Sections 394, 506, 341/34 of the IPC and Sections 25 & 27 of Arms Act.

2. As per the prosecution story, on 23.08.2018 at about 7:30 pm, when the Complainant namely Thanuram was returning towards home after work on his motorcycle, on the way Applicant and other co-accused persons stopped him and looted cash of Rs. 3,000/-. They also assaulted the Complainant with knife, fist and hand. Report was lodged by the Complainant, on the basis of which offence has been registered against the present Applicant and the Applicant has been taken into custody on 24.08.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case. He further states that other co-accused persons namely Mukesh and Omprakash have already been granted bail vide order dated 31.10.2018 passed in MCRC No. 8065 of 2018. The Applicant has been taken into custody on 24.08.2018 and trial will take time. Therefore, he may be enlarged on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 24.08.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent 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 Prakash