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High Court Of ChhattisgarhMCRC/1913/2016rejected

Rajesh Mishra v. State Of Chhattisgarh

2016-03-29Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1913 of 2016

1. Rajesh Mishra, aged about 22 years, S/o Laxmi Mishra

2. Shekh Shahabuddin, aged about 28 years, S/o Shekh Jalalluddin Both R/o Village-Thargaon, Thana Saliha, Tahsil, Civil & Revenue District Baloda Bazar (CG) ---- Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station-Rajadeori Chowki, Baloda Bazar, District Baloda Bazar (CG) ---- Non-applicant For Applicants :

Mr. Abdul Wahab Khan, Advocate For Non-applicant :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 29/03/2016 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.57/2015, registered at Police Station-Rajadeori, District-Balodabazaar (CG), for the offence punishable under Section 392/34 of the IPC. 2.

Case of the prosecution, in brief, is that on 1.12.2015 the applicants and co-accused persons robbed `40,385/- from complainant Vidhyadhar Banjara and thereby committed the offence. 3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that evidence of

the complainant has been recorded in which there is no evidence against the present applicants, as such, they may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, testimony of complainant Vidhyadhar Banjara and the manner in which the amount in dispute has been robbed by the applicants from the complainant, I do not find any ground for grant of regular bail to the applicants. Consequently, second bail application is rejected.

Sd/- (Sanjay K. Agrawal) JUDGE B/-