High Court Of ChhattisgarhMCRC/4030/2015dismissed

Narendra Anant @ Lalu v. State Of Chhattisgarh

2015-08-17Hon'Ble Shri Justice Sanjay K. Agrawal5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 399

1. Narendra Anant @ Lalu, S/o Chhannu Lal Anant, aged about 21 years, R/o Village Kuthroud, Police Station Suhela, Civil and Revenue District Baloda Bazar, District Baloda Bazar -Bhatapara (C.G.)

2. Gautam Paswan, S/o Bachchan Paswan, aged about 21 years, R/o village Hirimi, Police Station Suhela, District Baloda BazarBhatapara (C.G.), permanent residing at Vasudeva, Police Station Bangaon, District Saharsha (Bihar) ---- Applicants

Versus

State Of Chhattisgarh Through : Station House Officer, Police of Police Station - Newra, District Raipur (C.G.) ---- Non-applicant MCRC No.

of 2015

1. Narendra Anant @ Lalu, S/o Chhannu Lal Anant, aged about 21 years, R/o Village Kuthroud, Police Station Suhela, Civil and Revenue District Baloda Bazar, District Baloda Bazar -Bhatapara (C.G.)

Versus

State Of Chhattisgarh Through : Station House Officer, Police of Police Station - Newra, District Raipur (C.G.) ---- Non-applicant MCRC No.

of 2015

1. Narendra Anant @ Lalu, S/o Chhannu Lal Anant, aged about 21 years, R/o Village Kuthroud, Police Station Suhela, Civil and Revenue District Baloda Bazar, District Baloda Bazar -Bhatapara (C.G.)

Versus

State Of Chhattisgarh Through : Station House Officer, Police of Police Station - Newra, District Raipur (C.G.) ---- Non-applicant And MCRC No.

of 2015

1. Narendra Anant @ Lalu, S/o Chhannu Lal Anant, aged about 21 years, R/o Village Kuthroud, Police Station Suhela, Civil and Revenue District Baloda Bazar, District Baloda Bazar -Bhatapara (C.G.)

Versus

State Of Chhattisgarh Through : Station House Officer, Police of Police Station - Newra, District Raipur (C.G.) ---- Non-applicant For Applicants:

Shri Anil Gulati, Advocate.

For Respondent/State:

Shri Lov Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/08/2015 Heard.

(1) The above mentioned bail applications are filed under Section 439 of the Code of Criminal Procedure by two accused

persons namely Narendra Anant @ Lalu & Gautam Paswan, therefore, applications were heard 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. 134/2014, 326/2014, 340/2014 & 297/2015 registered at Police Station Newra, District Raipur for the offences punishable under Sections 379, 411 read with Section 34 of the Indian Penal Code and Sections 136 & 137 of the Electricity Act. (3) Case of the prosecution, in brief, is that applicants are alleged to have stolen coil of the transformer held by Chhatisgarh State Electricity Board and sold it to the other co-accused persons and thereby committed the aforesaid offences. (4) Counsel for the applicants submits that the applicants have been falsely implicated in the offence in question as they have not committed any offences. He would further submit that applicants are languishing in jail since 14.04.2015; and the charge sheet has already been filed and, therefore, the applicants may be released on bail.

(5) Taking into consideration the facts & circumstances of the case; and the manner in which, the applicants got the transformer grounded and stolen its coil and sold it to the other co-accused persons; and the other material collected by the prosecution, I am

not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-