High CourtsSingle Bench

Akash Rathore vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 10 February 2022 · Citation: (2022) 02 CHH CK 0021

HON’BLE JUDGES
Deepak Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 392, 395
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.. 4 Of 2022
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Judgment

16 paragraphs · 328 words
1.

The applicants have preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are in custody in

connection with crime No. 502 of 2021 registered in Police Station Baloda, District janjgir-Champa, CG for offence punishable under Sections 392 and

395/34 IPC.

2.

The case of the prosecution in brief is that the Aman Nayak lodged the written complaint on 01.12.2021 stating that the four unknown persons have

committed loot of Rs. 30,000/- cash and one mobile from him and his friend Deepanshu Gupta for which offence has been lodged.

3.

Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in this case. He further submits that

now the complainants have given their affidavit in support of the bail application that they have no objection to grant bail to the present applicant.

Counsel for the applicant further submits that applicants are college going student and they have not committed any offence and that the applicants are

in jail since 04.12.2021, therefore, they may be enlarged on bail.

4.

Per contra, learned State counsel opposes the bail application and counsel for the complainant supported the bail application.

5.

Considering the facts and circumstances of the case particularly, considering that the complainants Aman Nayak and Deepanshu Gupta himself

given the affidavit in support of the bail application and further considering the period of detention and the age of the applicants, without commenting

anything on the merits and demerits of the case, this Court finds it to be a fit case for grant of regular bail.

6.

Accordingly, the bail application is allowed and it is directed that on applicants’ furnishing a personal bond in the sum of Rs. 25,000/- with one

surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail. they shall however, make their appearance

before the concerned Court as and when so directed.