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High Court Of ChhattisgarhMCRC/339/2020allowed

Lalit Verma v. State Of Chhattisgarh

2020-02-27Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 336 of 2020 • Lalit Verma S/o Ashok Verma Aged About 25 Years R/o Village Godhi, Police Station Dharsiva, District Raipur , Presently At New Laxmi Nagar, Mova, Behind Mahima Kirana Stores Police Station Mova District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Vidhan Sabha District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent And MCRC No. 337 of 2020 • Lalit Verma S/o Ashok Verma Aged About 25 Years R/o Village Godhi, Police Station Dharsiva, District Raipur , Presently At New Laxmi Nagar, Mova , Behind Mahima Kirana Stores, Police Station Mova District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Vidhan Sabha District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent And MCRC No. 339 of 2020 • Lalit Verma S/o Ashok Verma Aged About 25 Years R/o VillageGodhi. Police Station- Dharsiva, District- Raipur, Presently At New Laxmi Nagar, Mova, Behind Mahima Kirana Stores, Police Station Mova, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station- Vidhan Sabha, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent And MCRC No. 358 of 2020 • Lalit Verma S/o Ashok Verma Aged About 25 Years R/o Village - Godhi, P.S. - Dharsiva, District - Raipur, Presently At New Laxmi Nagar, Mova, Behind Mahima Kirana Stores, P.S. - Mova District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through - P.S. - Vidhan Sabha, District - Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Devershi Thakur, Advocate For Respondent :

Shri Akhtar Hussain and Shri Anil Tripathi, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 27/02/2020 1.

Since in the aforesaid bail applications, the applicant is one and same, they are being disposed of together by this common order.

2.

The applicant has preferred these first bail applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime Nos.172/2019 in MCRC No.336/2020, 194/2019 in MCRC No.337/2020, 305/2019 in MCRC No.339/2020 and 89/2019 in MCRC No.358/2020 registered at Police Station - Vidhan Sabha, District Raipur (C.G.) for the offence punishable under Sections 457 and 380 IPC.

3.

Allegation against the present applicant is that he entered the house of complainants namely Dinesh Sharma, Geeta Goswami, Chandrakant Tandon and Manoj Vishwas after breaking open the lock and stolen cash and certain articles (ornaments made of gold and silver, ATM Card, Mobile, aadhar card, cheque book and PAN Card etc) from the house of complainants. Based on this, offence has been registered. The present applicant has been taken into custody on 22.07.2019.

4.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that prosecution has registered as many as four cases against the applicant on his one memorandum.

He also submits that the witnesses to memorandum and seizure have not supported the prosecution case and turned hostile. It is next submitted that the applicant is in custody since 22.07.2019, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

5.

On the other hand, learned counsel for the State opposed the bail application.

6.

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

7.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the seizure and memorandum witnesses turned hostile, the applicant is in custody since 22.07.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

8.

Accordingly, the bail applications are allowed. 9.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- - Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till the final disposal of trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde