Yadram Sidar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1431 of 2020 Yadram Sidar S/o Shri Ganpat Lal Sidar Aged About 36 Years (Sampat Lal Sidar Wrongly Mentioned In Order As Ganpat) , R/o Village Semrapali, Police Station Sarangarh, District Raigarh Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Baradwar, District Janjgir Champa Chhattisgarh.
---- Respondent AND MCRC No. 1447 of 2020 Mayank Prasad Sahu @ Golu S/o Sewaram Sahu Aged About 35 Years Resident Of Dansara, Police Station- Sarangarh, District Raigarh Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through- Station House Officer, Baradwar, District Janjgir-Champa Chhattisgarh.
---- Respondent For Applicant (in MCRC 1431/2020) : Mr. Ajay Ayachi, Advocate. For Applicant (in MCRC 1447/2020) : Mr. Ajay Ayachi, Advocate For Respondent/State : Ms. Hamida Siddiqui, Dy. A.G.
Hon'ble Shri Justice Arvind Singh Chandel Order on Board 17/03/2020 1.
Since both the cases arise out of same crime number, therefore,
they are being decided by this common order.
2.
Applicant Yadram Sidar has preferred this third bail application and applicant Mayank Prasad @ Golu has preferred this fourth bail application under Section 439 of the Cr.P.C for grant of regular bail as they are arrested in connection with Crime No. 265/2018 registered at Police Station- Baradwar Bilaspur, Distt. Janjgir-Champa (C.G.) for the offence punishable under Sections 489 (A), 489 (B), 489 (C), 489 (D), 489 (E) of the IPC. 3.
First bail of applicant Yadram Sidar was dismissed vide order dated 05.03.2019 passed in MCRC No. 981/2019 with liberty to file afresh after examination of some material witnesses and the second bail was also dismissed with liberty to file afresh after six months, if the trial is not concluded vide order dated 14.08.2019 passed in MCRC No. 5021/2019.
4.
First bail of applicant Mayank Prasad @ Golu was dismissed for want of prosecution vide order dated 01.05.2019 passed in MCRC No. 2927/2019, Second bail was also dismissed for want of prosecution vide order dated 26.06.2019 passed in MCRC No. 4143/2019 and the third bail was dismissed with liberty to file afresh after six months, if the trial is not concluded vide order dated 14.08.2019 passed in MCRC No. 4379/2019. 5.
As per prosecution story, on 16.10.2018, on the basis of information received from an informant, S.H.O. of Police Station Baradwar stopped one motorcycle on which the applicants and
co-accused Laxmi Narayan were seated. On being searched by the S.H.O., one computer printer and fake currency notes of Rs. 15,000/- from applicant Yadram Sidar, Rs. 50,000/- from applicant Mayank Prasad @ Golu and Rs. 25,000/- from co-accused Laxmi Narayan have been seized and they have been arrested on the same day.
6.
Learned Counsel for the applicants submits that both the applicants are innocent and have been falsely implicated in the present case. The entire story is false and concocted. He further submits that seizure witnesses of the case have already examined before the Trial Court and they have not supported the case of the prosecution and turned hostile. The applicants are in custody since 16/10/2018 and till date, out of 14 witnesses, only 4 have been examined, therefore, trial is likely to take some time to conclude. Hence, it is prayed that the applicants may be released on bail.
7.
Per contra, learned counsel appearing on behalf of the State opposes the bail applications.
8.
I have heard learned counsel for both the parties. 9.
Considering the above facts and circumstances of the case, particularly considering the facts that both the seizure witnesses of the case have already examined before the Trial Court and they have not supported the case of the prosecution and turned hostile, the applicants are in custody since 16/10/2018 and trial is
likely to take some time to conclude. Without further commenting on other merits of the case, I am inclined to release the applicants on bail.
10.
Accordingly, the bail applications are allowed. 11.
It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with one local solvent surety in the like sum to the satisfaction of the trial Court for their appearance before the said Court as and when directed.
Sd/- (Arvind Singh Chandel) Judge Shubham