Order On Board

27/03/2024

1. Applicant has filed this bail application under Section 439 of Cr.P.C. for grant of regular bail as he was arrested in connection with Crime No.4 of 2024 registered at Police Station – Chakradhar Nagar, Raigarh (CG), for offence punishable under Sections 341, 294, 506, 394, 34 of IPC.

2. Case of the prosecution, in brief, is that on 01.01.2024 in the afternoon, complainant Swaraj Sharma along with his friends Pratham Sharma and Aditya Shrivastava were returning from Ashram at village- Banora. On the way at about 5:00 pm, when they reached near Village Mahapalli Chowk, one motorcycle came in front of their car on which four persons were travelling. They stopped their motorcycle and started abusing them.

Accused persons assaulted them and have also robbed Rs.8,000/- kept in the pocket of complainant. When the complainant started to prepare video of the scene from his mobile, accused persons fled away from the spot. Based on the aforementioned report, crime was registered against the applicant and he was arrested on 10.01.2024.

3. Learned counsel for applicant submits that the applicant has been falsely implicated in the crime. He has not committed any offence as alleged against him. In the report, complainant has stated that he will identify the person if brought before him. However, no test identification parade was conducted. He further submits that two similarly situated accused persons have been enlarged on bail vide order dated 20.02.2024 passed in MCRC No.1004 2024 and MCRC No.1105 of 2024. Applicant is in jail since 10.01.2024, investigation is complete, charge sheet has been filed, trial may take some time for its conclusion, hence, applicant may be enlarged on bail.

4. On the other hand, learned counsel for the State opposed the submission of learned counsel for the applicant. He submits that the applicant is a habitual offender. There are 6 criminal antecedents against him as mentioned in the impugned order. He however submits that there is no mention of details of criminal cases registered against the applicant in the case diary.

5. At this stage learned counsel for the applicant submits that he has submitted details of the criminal cases registered against the applicant. Applicant was acquitted from the criminal case registered against him for the offence under the Excise Act; for the offence under Sections 341, 323, 506-B of IPC as also for the offence under Sections 363, 366, 376 of IPC. He contended that applicant was fined for the offence under Section 13 (1) of the Public Gambling Act. Copy of orders/judgment have been placed on record along with covering memo dated 27.03.2024.

Two other are of preventive nature.

6. I have heard learned counsel for the parties.

7. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, in particular submission of learned counsel for the applicant that two similarly situated accused persons have been enlarged on regular bail by this Court in MCRC No.1004 of 2024 and MCRC No.1105 of 2024, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail.

8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-.

a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.