Karandas Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7281 of 2019 • Narayan Sarthi S/o Santram Sarthi Aged About 25 Years, Resident Of Village Baispali, Tahsil And District Raigarh, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Kotraroad, Raigarh, District Raigarh, Chhattisgarh. ---- Respondent MCRC No. 7946 of 2019 • Karandas Mahant S/o Kumar Das Mahant Aged About 24 Years, R/o Village Bansajhar, Tah. And District Raigarh, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Thana In Charge P.S. Kotararoad District Raigarh, Chhattisgarh.

---- Respondent For Applicants :

Mr. Abhishek Saraf, Adv.

in MCRC No. 7281/2019.

Mr. Rajendra Tripathi, Adv.

in MCRC No. 7946/2019.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10/01/2020

1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 278/2019 registered at Police Station Kotraroad, District-Raigarh (C.G.) against applicants for the offence punishable under Section 392 of the IPC.

3. The prosecution story, in brief is that, complainant Mohd. Manjur

Aalam lodged an FIR that on 20.09.2019 at about 9.45 pm. the present applicants have looted Rs. 2000/-, Aadhar card and Driving License from him. Based on this, offence has been registered against the present applicants.

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants are in jail since 21.09.2019, and there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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

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

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the offence is triable by Judicial Magistrate First Class. The applicants are in jail since 21.09.2019, 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 applicants on bail. Accordingly, the applications are allowed.

8. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu