Sandeep Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7446 of 2019 • Sandeep Kumar Sahu, S/o Vanshlal Sahu, Aged About 22 Years, R/o Village - Nigri, Post Office & Police Station- Sarai, District- Singhrouli (M.P.). Present Address - Marin Drive, near Gurudwara, Tahsil & District- Raipur Chhattisgarh(As Per Charge Sheet) ---- Applicant

Versus

• State Of Chhattisgarh, Through The Station House Officer, Police Station- Ganj, District- Raipur Chhattisgarh. ---- Respondent For Applicant : Mr. Shivendu Pandya, Adv.

For Respondent/State : Mr. Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 14.01.2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 333/2018 registered at Police Station- Ganj, District- Raipur (C.G.) for the offence punishable under Sections 392/34 of I.P.C.

2. The prosecution story, in brief is that, on 31.10.2018, at about 6.30 A.M., some unknown persons come near the complainant namely Sahatram and committed loot with the complainant sum of Rs. 28,000/- by threatening, thereafter they run away from the spot. Thereafter, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the other co-accused has been granted bail in MCRC No. 995/2019. The applicant is in jail since 02.11.2018 (as per charge sheet), there is no likelihood of his case being decided

in near future, therefore, the present applicant may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the other co-accused has been granted bail in MCRC No. 995/2019. The applicant is in jail since 02.11.2018 (as per charge sheet) and 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.

7. 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 trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi