Manau Ram vs State Of Chhattisgarh

Heard.

The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.225/2021, registered at Police Station-Police Chouki Kachche at P.S. Bhanupratappur, District – North Bastar Kanker (C.G.) for the offence punishable under Section 341, 392, 34 of the Indian Penal Code.

Brief facts of the case is that, in the night of 04-11-2021, at about 7:30 p.m., when complainant was returning to his native village form other village, then the applicant and co-accused persons extorted and looted Rs. 5,000/- cash, his mobile and motorcycle from complainant. Based on above facts, present crime under Sections 341, 392, 34 of the Indian Penal Code has been registered against Chinta Yadav and Mohan Yadav and two others. During investigation, it was revealed that the applicant was also involved in commission of aforesaid crime, hence, the applicant was arrested on 10-11-2021. After completion of investigation, charge sheet under Section 392, 341, 342, 395, 120-B, 34 has been filed against the applicant and three other accused persons.

Learned counsel for the applicant submits that FIR has been lodged after five days of incident, wherein, the applicant has not been named. As per the FIR, the applicant was not known to the complainant, despite that, without conducting identification parade, only on the basis of memorandum of co-accused persons, the applicant has been charge sheeted. It is further submitted that he is in jail since 10-11-2021, charge sheet has already been filed, hence, he may be enlarged on bail.

On the other hand, learned counsel for the State oppose the bail application. However, on being asked, he submits that no criminal antecedent has been shown against the applicant.

Considered the submissions made by both the parties and perused the case diary.

Considering the entire facts situation of the case, material available on record, particularly considering that the charge sheet has already been filed and also the period of detention of the applicant, I feel inclined to enlarge the applicant on bail.

Accordingly, the present bail application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for his appearance before the concerned Court as and when directed by the said Court, he be released on bail.