Durgesh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1029 of 2021 Durgesh Son Of Ramgopal Dhiwar Aged About 24 Years Resident Of Village Nevsa, P.S. Sipat, Tahsil And District Bilaspur (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Sipat, District Bilaspur (Chhattisgarh), ---- Respondent And MCRC No. 2269 of 2021 Ramsudhir @ Shubham Aged About 18 Years S/o Vyasnarayan Dhiwar R/o Village & P.S. Seepat, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station- Seepat, District And Revenue, District- Bilaspur, Chhattisgarh ----Respondent For applicants - Shri Nitansh Kumar Jaiswal and Shri Raj Kumar Gupta, Advocates.

For Respondent/State - Shri Gagan Tiwari, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 10/08/2021 1.

Both these bail applications are decided by this common order as they are arising out of the same crime number. 2.

The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.210/2020 registered in Police Station Sipat, District Bilaspur (C.G.) for offence punishable under sections 395, 397, 34 of Indian Penal Code.

3.

As per the prosecution case, on 2/05/2020 when the complainant was returning from NTPC the applicants alongwith other co-accused stopped him and snatched cash of Rs.10,000/- and also assaulted him. 4.

Learned counsel for the applicants submits that the complainant

has been examined, he has not identified the present applicants and one of the co-accused Rameshwar Prasad Dhiwar has been enlarged on bail by the coordinate bench in M.Cr.C. No.5157/2020 on 21/09/2020, therefore the applicants may also be released on bail. 5.

Per contra, learned State counsel opposes the prayer for grant of bail, however he is not able to dispute the fact that other co-accused has been enlarged on bail.

6.

Considering the fact that similarly placed co-accused have been enlarged on bail by the coordinate bench, without further observation on the merit, this court is inclined to release the applicants on bail. 7.

Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri