Bobby Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Bobby Singh Thakur S/o Hoshiyar Singh Thakur Aged About 19 Years R/o. Bhim Nagar, Dhobi Talab, Samta Colony, Raipur, District - Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through- Police Station- Civil Line, Raipur, District- Raipur, Chhattisgarh.

---- Respondent For Applicant :- Mr. Pushpendra Kumar Patel, Adv.

For Respondent-State :- Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 13/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 568/2018 registered at Police Station - Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Sections 392, 411, 34 of the IPC.

• The prosecution story, in brief, is that the present applicant and other co-accused persons has looted the mobile of complainant. Based on this, offence

has been registered. The present applicants have been taken into custody on 06.10.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is no allegation against the present applicant. He further submits that considering the material available on record, prima facie case is not made out against the present applicant. Next submission is that as the applicants are in jail since 06.10.2019, he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicant may be released on bail.

• On the other hand State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties and perused the entire material available on record. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicant is in jail since 06.10.2019 and 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 their 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. Applicant is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ankit