SHANTOSH CHANDRAKAR Vs. STATE OF C G

JUDGEMENT

(1.) HEARD . The applicant has filed this application under Section 439 of Cr.P.C for releasing him on bail. He has been arrested on 13-2-2005 in connection with Crime No. 47/2005 registered at Police Station Mohan Nagar, Durg for the offences punishable under Sections 393, 394 & 299 of I.P.C. The case of the prosecution is that on the date of incident i.e. 12-02- 2005 at about 9.45 p.m., two accused persons were standing on the street. When the complainant was crossing his Scooty, one of them threw some powder, like Chili powder, on the face of complainant which followed burning sensation. At the same time one accused person tried to snatch some money from his pocket and for this purpose, he put his hand in the pocket of the complainant. The accused persons were not known to the complainant. Co-accused Vijay Goyal was caught on the spot. This applicant was arrested on 13-2-2005. However, the Police has not performed test identification Parade till today.

(2.) LEARNED counsel for the applicant submits that presence of the applicant on the spot becomes doubtful. On the other hand, State counsel opposes the bail application. However, he could not point out as to why the test identification parade was not performed even after arrest of applicant on 13-2-2005. It is also pointed out that the charge-sheet has been filed on 11-4-2005. Considering the facts and circumstances of the case particularly that the test identification parade was not performed, 1 am of the opinion that the present is a fit case in which the applicant should be released on bail. Let the applicant be enlarged on bail on his furnishing a personal bond in sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial Court for his appearance before the said Court on each date of hearing till disposal of the trial.