Order on Board

08/11/2023

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 52/2023 registered at Police Station, Kumhari, District Durg (C.G.), for the offence punishable under Sections 397, 394, 342 and 34 of the Indian Penal Code (IPC).

2. Case of the prosecution, in brief, is that the present applicant along with other co-accused persons had gone to the house of complainant for booking of vehicle, abducted the complainant, locked him in the house, assaulted him and looted Rs. 3500/- cash, ATM card and password and also withdrawn money through his ATM to the tune of Rs. 8500/- by showing him knife.

3. It has been argued by Mr. Jitendra Gupta, learned counsel for the applicant that the applicant has been falsely implicated in this case. He further argued that the evidences in the instant case are not adequate as yet to prove that the applicant has committed the alleged offences. It is also submitted by the learned counsel for the applicant that identically situated co-accused persons, namely, Aman Dubey has already been granted bail by a Co-ordinate Bench of this Court by order dated 07.08.2023 in MCRC No. 3140 of 2023, hence, the applicant is also entitled to be released on bail on the ground of parity and the applicant is in jail since 08.03.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. Mr. Pawan Kesharwani, learned Panel Lawyer, appearing for the State/

non-applicant would oppose the bail application and submitted that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having 06 criminal antecedents, out of which 03 cases under the same nature and 03 cases under the preventive action, and therefore, his bail application is liable to be dismissed.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant i.e. since 08.02.2023 and also considering the fact that the appellant is a habitual offender as he has 06 previous criminal antecedents and he has misused the liberty of bail granted earlier and has again indulged in such crime, further he has misused the bail granted to him earlier and also in the light of the judgment rendered by the Supreme Court in Deepak Yadav vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court of the opinion that is not a fit case to enlarge the applicant-Robin Anthony, involved in Crime No. 52/2023 registered at Police Station, Kumhari, District Durg (C.G.), for the offence punishable under Sections 397, 394, 342 and 34 of the Indian Penal Code, is rejected.

7. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from today, if there is no legal impediment.

8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

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