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High Court Of ChhattisgarhCRMP/213/2020allowed

Chintamani Nat v. State Of Chhattisgarh

2020-01-21Hon'Ble Smt. Justice Rajani Dubey5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Chintamani Nat S/o Sadhram Nat Aged About 37 Years R/o Kantreja Vijaypur, P. S. Kapu, District Raigarh Chhattisgarh. • Rohit Nat S/o Kanha Nat Aged About 21 Years R/o Village Choubish Pargana, Railway Boundry Wall, P. S. Bijpur Kolkata West Bengal, Present Address Village Kantreja Vijaypur, P. S. Kapu, District Raigarh Chhattisgarh. ---- Applicants

Versus

• State of Chhattisgarh Through Police Station Pussore, District Raigarh Chhattisgarh.

---- Respondent For Applicants :- Mr. Ajay Chandra, Advocate For Respondent-State :- Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 13/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 259/2019 registered at Police Station - Chhal, District Raigarh (C.G.) for the offence punishable under Section 392 of the IPC.

• The prosecution story, in brief, is that on 15.12.2018, applicants along with their co-accused person have looted a total sum of Rs.1 lac from the complainant and his friend while they were going on a motorcycle after withdrawing the same amount from the Bank. Based on this, offence has been registered. The present applicants have been taken into custody on 28.05.2019.

• Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that their co-accused, Pramod Singh in MCRC No.7046 of 2019, has been released on bail. Next submission is that as the applicants are in jail since 28.05.2019, they are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicants may be released on bail.

• On the other hand State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties and perused the entire material available on record. • Considering the facts and circumstances of the case, in particulars the nature of allegations against the applicants; charge-sheet have been filed. The coaccused-Pramod Singh has been released on bail in MCRC No.7046 of 2019. They are in jail since 28.05.2019 and as the trial is likely to take some

time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

• Accused/applicants are directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- each with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Ankit

CRMP No. 213 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 213 of 2020

1. Chintamani Nat S/o Sadhram Nat Aged About 37 Years R/o Kantreja Vijaypur, Police Station Kapu District Raigarh Chhattisgarh.

2. Rohit Nat S/o Kanha Nat Aged About 21 Years R/o Village Choubish Pargana, Railway Boundary Wall, Police Station Bijapur, Kolkata, West Bengal, Present Address Village Kantreja Vijaypur, Police Station Kapu District Raigarh Chhattisgarh.

---- Petitioners

Versus

• State of Chhattisgarh Through Police Station Pussore, District Raigarh Chhattisgarh.

---- Respondent For Petitioners :- Mr. Ajay Chandra, Advocate For Respondent-State :- Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 21/01/2020

1. By the present petitioner under Section 482 of Cr.P.C. petitioners sought correction of the Crime Number and name of the Police Station in order dated 13.01.2020 passed by this Court in MCRC No.7385 of 2019.

CRMP No. 213 of 2020

2. On going through the records it is manifest that the petitioners have been arrested in connection with Crime No.259/2018, registered at Police Station Pussore, District Raigarh, C.G. for the offence under Section 392 of the IPC. However, due to typographical error the Crime number and the name of Police Station have wrongly been typed out as Crime No.259/2019 and Police Station - Chhal, District Raigarh, C.G. in place of Crime No.259/2018 and Police Station - Pussore, District Raigarh, C.G.

3. In view of the above, order dated 13.01.2020 passed in MCRC No.7385 of 2019 is corrected. Now Crime No.259/2019 and Police Station - Chhal, District Raigarh, C.G. be read as Crime No.259/2018 and Police Station - Pussore, District Raigarh, C.G.

4. The contents of the order dated 13.01.2020 shall remain unchanged.

5. In above manner, CRMP is disposed of.

Sd/- (Rajani Dubey) Judge Ankit