Sonu @ Sanjay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8290 of 2019 Sonu @ Sanjay son of Babu Kashyap, aged about 20 years, resident of Kakdipur, Police Station - Ramala, Tahsil - Badaud, District - Bagpat (U.P.) (In jail) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station - Nawagarh, District - Bemetara (C.G.) ----Non-applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-applicant/State : Mr. B.L Sahu, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 10/02/2020 (1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 307/2018 registered at police Station Nawagarh, District - Bemetara (C.G.) for the offence punishable under Section 392 of the Indian Penal Code and Sections 25 & 27 of the Arms Act.

(2) Case of the prosecution, in nutshell, is that complainant Lavband had lodged a report against unknown persons alleging therein two unknown persons, with the help of knife, looted Rs. 3,15,870/-, one mobile of Micromax company, Jacket and blanket from his possession. On the basis of aforesaid report, the offence was registered against unknown persons and during course of investigation, the applicant has been arrested and since then he is in custody.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as there is no evidence available on record to connect the applicant with the crime in question. He further submit that applicant is in detention since 09.06.2019; charge sheet has already been filed and the trial is likely to take some time for its final disposal and, therefore, the applicant be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application. (5) Taking into consideration the facts & circumstances of the case; particularly the facts applicant is in detention since 09.06.2019; charge sheet has already been filed 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. (6) 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 till disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge D/-