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Amit Khattri vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 13 April 2022 · Citation: (2022) 04 CHH CK 0034

HON’BLE JUDGES
Deepak Kumar Tiwari, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 379, 392
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 2196 Of 2022
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Judgment

9 paragraphs · 352 words
1.

Heard.

2.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.189/2021 registered at Police Station Thana Koni, Bilaspur (CG) for the offence punishable under Sections 392, 34 of the IPC.

3.

The case of the prosecution is that on 6.8.2021, the present applicant along with the other co-accused persons threatened the complainant with sharp edged weapon and looted his purse, Aadhar Card, Pan Card, Driving Lincense, ATM, one mobile phone and an amount of Rs.6000/-. Hence, the offence has been registered.

4.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant is in jail since 2.1.2022, therefore, he prays for releasing the applicant on regular bail.

5.

On the other hand, learned counsel for the State opposes the bail application. He submits that there are two previous criminal antecedents of the applicant pertaining to Section 392 of the IPC in Crime No.325/2021 and under Section 379 of the IPC.

6.

In reply, learned counsel for the applicant submits that in the earlier cases, no test identification parade has been conducted, therefore, in the matter of robbery, the applicant was bailed out and under Section 379 of the IPC, he was arrested on the same day of the incident i.e. 2.1.2022 in a false case. In the present case also, no test identification parade has been conducted.

7.

Having considered the submissions of learned counsel for the parties and also considering the nature of allegations and the pre-trial detention of the applicant, I am inclined to release the applicant on regular bail.

8.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

9.

Certified copy as per rules.