The High Court of Chhattisgarh rejected an application for regular bail under Section 439 CrPC. The applicants, a teenage student and his friend, were in custody for purse-snatching and attempt to steal an ATM card.
The bail application filed under Section 439 CrPC is rejected, and the applicants remain in custody.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6447 of 2018
---- Applicants
Versus
---- Respondent
For Applicants : Shri Chandresh Shrivastava, Advocate For Respondent/State : Shri Ravindra Agrawal, GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
27/09/2018
The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.129/2018 registered at police station Baikunthpur, district Koriya (CG) for the offence punishable under Sections 392, 341 & 34 IPC and Section 25 & 27 of the Arms Act.
As per prosecution case, on 21.02.18, a report was lodged by the complainant alleging that a day before thereto, at 7.00 p.m. when she was returning home from the market, two persons who were on the motorcycle came near her and after showing the gun, snatched her purse in which she
was carrying ATM card, one samsung mobile cash of Rs. 500/-. After seeing the CCTV footage, report was lodge at the police station.
Counsel for the applicants submits that the applicants are students, they have been falsely implicated and the test identification parade conducted by the police is also doubtful. He submits that the applicants are in jail since 21.02.18 and the trial will take time for final disposal and therefore they may be released on bail.
On the other hand, learned counsel for the State opposes the bail application and submits that three similar cases are pending before the Court below.
Considering the totality of the facts and circumstances of the case, in particular the fact that already three cases are pending against the applicants, I am not inclined to release them on bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is rejected.
Sd/(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether the applicants should be released on regular bail in custody for offences under Sections 392, 341, 34 IPC and Arms Act.
Whether the pendency of three similar cases against the applicants precludes the grant of bail.
1 provisions across 1 enactments
Shriraj Singh
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
