Surendra Shande vs State

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicants who have been

arrested in connection with Crime No.232 of 2017 registered at Police Station Baloda, District Janjgir-Champa for offence punishable under Sections

341 and 394 of the Indian Penal Code.

Case of the prosecution, in brief, is that Complainant Karan Kumar lodged First Information Report in Police Station Baloda alleging that on

25.11.2017 at about 2:00 p.m., while returning from Pantora to Chhitapali, near forest, two unknown persons wrongly restrained him and one of them

assaulted him with lathi and both of them looted two mobile sets and cash of Rs.2,000/- from him. It is further alleged that thereafter they called one

another person and ran away with him from the place of occurrence.

Learned Counsel appearing for the Applicants submits that though all the three persons were identified by the Complainant during test identification

parade yet the present Applicants are not the main accused. They are innocent. Charge-sheet has been filed. The Applicants are in custody since

22.12.2017. Trial will take a long time. Therefore, they may be released on bail.

Learned Counsel appearing for the State opposes the prayer for grant of bail.

I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.

Having considered the arguments advanced and the facts and circumstances of the case, particularly, the facts that the offence is triable by a

Judicial Magistrate First Class, the Applicants are in custody since 22.12.2017, trial is likely to take time, without further commenting on merits of the

case, I am inclined to enlarge the Applicants on bail. Accordingly, the bail application is allowed.

It is directed that the Applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.10,000/- with one solvent

surety of the like sum to the satisfaction of the concerned Trial Court for their appearance before the said Court as and when directed.