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High Court Of ChhattisgarhMCRC/688/2016allowed

Manmohan Lahre v. State Of Chhattisgarh

2016-03-17Hon'Ble Shri Justice Sanjay K. Agrawal4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 539 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil And Rev. Distt. Jashpur Chhattisgarh.

Versus

State Of Chhattisgarh Through Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, Dist. Surguja, Chhattisgarh. MCRC No. 688 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil And Rev. Distt. Jashpur Chhattisgarh. State Of Chhattisgarh Through Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, Dist. Surguja, Chhattisgarh. MCRC No. 546 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil & Rev. Distt. Jashpur, Chhattisgarh. State Of Chhattisgarh Through Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, District Surguja, Chhattisgarh MCRC No. 543 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil & Revenue District Jashpur Chhattisgarh

State Of Chhattisgarh Through : Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, District Surguja Chhattisgarh MCRC No. 550 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil & Revenue District Jashpur Chhattisgarh State Of Chhattisgarh Through : Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, District Surguja Chhattisgarh MCRC No. 544 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil & Revenue District Jashpur Chhattisgarh State Of Chhattisgarh Through : Chhattigarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, District Sarguja Chhattisgarh MCRC No. 547 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S.

Pathalgaon, Civil & Revenue District Jashpur Chhattisgarh State Of Chhattisgarh Through : Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, District Sarguja Chhattisgarh AND MCRC No. 548 of 2016 Manmohan Lahre S/o Melaram Lahre Aged About 21 Years R/o Village Bhudupara, P.S. Pathalgaon, Civil & Rev. Distt. Jashpur, Chhattisgarh.

State Of Chhattisgarh Through Chhattisgarh State Power Distribution Company Ltd. Sitapur, P.S. Sitapur, District Surguja, Chhattisgarh For Applicant:

Mr. Vinod Kumar Tekam, Advocate.

For Non-applicant/State:

Mr. Om P. Sahu, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/03/2016

1. Since the above eight bail applications have been filed by one and same applicant, they are being disposed of by this common order.

2. The accused/applicant has moved these bail applications under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with following crime numbers registered at police stations mentioned therein, for the offence punishable under Sections 379, 411 read with Section 34 of the IPC; Sections 136, 137, 140 of the Electricity Act; and Sections 3, 2(a) of the Prevention of Damage to Public Property Act, 1984: - S.No.

Bail Application No.

Crime No.

Police Station 1.

M.Cr.C.No.539/2016 57/2015 Nakna (Patelpara)/Sitapur 2.

M.Cr.C.No.688/2016 69/2015 Petla (Khatguda)/Sitapur 3.

M.Cr.C.No.546/2016 128/2015 Radhapara, Tendupara/Sitapur 4.

M.Cr.C.No.543/2016 86/2015 Patela (Khatguda)/Sitapur 5.

M.Cr.C.No.550/2016 180/2015 Khadagerna (Nawganshipara)/ Sitapur 6.

M.Cr.C.No.544/2016 127/2015 Pratapgarh Sadakpara/Sitapur 7.

M.Cr.C.No.547/2016 157/2015 Rajkheta Patrapara/Sitapur 8.

M.Cr.C.No.548/2016 179/2015 Dharampur Nagwanshi/Sitapur

3. Case of the prosecution, in brief, is that the applicant, in all the criminal cases, is said to have purchased the stolen copper wire owned by the

Electricity Board and thereby committed the offence.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in all the aforesaid cases. The applicant is in jail since 23-9-2015. At the most, offence under Section 411 of the IPC for purchasing stolen property is made out against the applicant and he had already suffered jail sentence for five months. Charge-sheet has been filed and co-accused Manoj Agrawal has been granted bail by a coordinate Bench of this Court in M.Cr.C.No.7292/2015 by order dated 4-1-2016. Another coaccused Kartik Ram has also been granted bail by this Court by order dated 10-3-2016 passed in M.Cr.C.No.1045/2016 and thirty-three connected cases.

5. On the other hand, learned State counsel opposes the bail applications.

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

7. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, stolen property has already been recovered from the possession of the applicant, he is in jail since 23-9-2015 and co-accused Manoj Agrawal & Kartik Ram have already been released on bail, I am of the opinion that the applicant deserves to be released on regular bail in all the above eight crime numbers. Accordingly, the applications are allowed.

8. It is, therefore, directed that applicant Manmohan Lahre be released on bail, in all the above eight crime numbers, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma