High CourtsSingle Bench

Shabuddin And Anr. vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 April 2018 · Citation: (2018) 04 CHH CK 0190

HON’BLE JUDGES
GOUTAM BHADURI, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 394, 120B, 34
RESULT
Dismissed
CASE NUMBER
MCRC No. 1109 of 2018
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Judgment

11 paragraphs · 231 words
1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 04.11.2016 in connection with Crime No.256/2016 registered at Police Station Tamnar, Distt. Raigarh (CG) for the offence punishable

under Section 394/34, 120 B of the IPC.

2.

As per the prosecution case, on 03.11.2016 the applicant in association with the other co-accused have looted an amount of Rs.2,46,000/- from the

complainant namely Rakesh Kumar, who is a munim in some firm. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that only on the basis of the memorandum statement, the applicant has been inculpated and no recovery

has been made from the applicant. He would further submit that out of 29 witnesses only 14 witnesses have been examined and the charge-sheet in

this case has been filed and no further investigation is required, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case-diary documents. Considering the facts & circumstances of this case and the nature of allegations, I am of the view that it is not a

case where the benefit of bail can be granted. Accordingly, the bail application is dismissed. However, the trial Court is requested to expedite the trial.