Anil Shriwas v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
of 201 Anil Shriwas, son of Basant @ Lakhan Shriwas, aged about 27 years, resident of Atal Awas, near Bhairav Mandir, Nayapara, Bemetara, Police Station and District - Bemetara (C.G.) ---- Applicant
Versus
State Of Chhattisgarh: Through the Station House Officer Police Station-Bemetara, District - Bemetara (C.G.) -----Respondent MCRC No.
Anil Shriwas, son of Basant @ Lakhan Shriwas, aged about 27 years, resident of Atal Awas, near Bhairav Mandir, Nayapara, Bemetara, Police Station and District - Bemetara (C.G.) ---- Applicant
Versus
State Of Chhattisgarh: Through the Station House Officer Police Station-Bemetara, District - Bemetara (C.G.) -----Respondent MCRC No.
5 90 of 201 Anil Shriwas, son of Basant @ Lakhan Shriwas, aged about 27 years, resident of Atal Awas, near Bhairav Mandir, Nayapara, Bemetara, Police Station and District - Bemetara (C.G.) ---- Applicant
Versus
State Of Chhattisgarh: Through the Station House Officer Police Station-Bemetara, District - Bemetara (C.G.) -----Respondent
MCRC No.
5 95 of 201 Anil Shriwas, son of Basant @ Lakhan Shriwas, aged about 27 years, resident of Atal Awas, near Bhairav Mandir, Nayapara, Bemetara, Police Station and District - Bemetara (C.G.) ---- Applicant
Versus
State Of Chhattisgarh: Through the Station House Officer Police Station-Bemetara, District - Bemetara (C.G.) -----Respondent MCRC No.
of 201 Anil Shriwas, son of Basant @ Lakhan Shriwas, aged about 27 years, resident of Atal Awas, near Bhairav Mandir, Nayapara, Bemetara, Police Station and District - Bemetara (C.G.) ---- Applicant
Versus
State Of Chhattisgarh: Through the Station House Officer Police Station-Bemetara, District - Bemetara (C.G.) -----Respondent For Applicant:
Ms. Sharmila Singhai, Advocate.
For Respondent/State:
Mr. Dhiraj Kumar Wankhede, Govt.
Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 2 /201
(1) The above mentioned all the bail applications are filed under Section 439 of the Code of Criminal Procedure by one and only applicant namely Anil Shriwas, therefore, they are hear analogously and decided by this common order.
(2) The accused/applicant has moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime Nos.507/2015, 492/2015, 490/2015, 493/2015 & 491/2015 registered at Police Station Bemetara, District Bemetara for the offences punishable under Sections 379, 420, 467, 468, 471, 120-B & 413/34 of the Indian Penal Code.
(3) Case of the prosecution, in brief, is that applicant & other co-accused persons have stolen the four wheelers and after changing its chassis numbers sold it to the different persons and thereby committed the aforesaid offences.
(4) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that applicant is in detention since 1.9.2015; charge sheet has already been filed and the similarly situated co-accused Ejaj Khan has already been released on bail by this Court and, therefore, the applicant may also be released on bail on the ground of parity. (5) On the other hand, counsel for the State submits that there is serious and direction allegation against the present applicant that after changing the chassis number of stolen vehicles, sold it to the different persons and, therefore, the applicant is not entitled to be released on bail.
(6) Taking into consideration the facts & circumstances of the case; role of the present applicant in the offence in question;
case is present applicant is distinguishable to the co-accusedEjaj Khan, who has already been granted bail by this Court; and the manner in which the offence is said to have been committed, I am not inclined to release the applicant on bail. Thus, the bail applications are rejected.
Sd/- (Sanjay K. Agrawal) Judge D/-