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High Court Of ChhattisgarhMCRC/2327/2021dismissed

Santosh Kumar Yadav v. State Of Chhattisgarh

2021-07-16Hon'Ble Shri Justice Gautam Chourdiya6 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2327 of 2021 • Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, Occupation Agricultuist, R/o Village- Rampur, Thakurpara, Police Station- Patna, Tahsil- Baikunthpur, District- Koriya, Chhattisgarh. • State of Chhattisgarh, Through- the Station House Officer, Police Station- Patna, District- Koriya, Chhattisgarh. ---Non-applicant MCRC No. 2339 of 2021 • Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, Occupation Agriculturist, R/o Village Rampur, Thakurpara, Police Station Patna, Tahsil Baikunthpur, District Koriya, Chhattisgarh. • State of Chhattisgarh, Through the Station House Officer, Police Station Patna, District Koriya, Chhattisgarh. MCRC No. 2667 of 2021 • Surajdas Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation Business and Labourer, R/o Village Chhindiya, Police Station Patna, Tahsil Baikunthpur, District Koriya, Chhattisgarh. • State of Chhattisgarh, the Station House Officer, Police Station Patna, District Koriya, Chhattisgarh.

MCRC No. 2720 of 2021

• Surajdas Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation Business and Labourer, R/o Village Chhindiya, Police Station Patna, Tahsil Baikunthpur, District Koriya, Chhattisgarh. • State of Chhattisgarh, Through the Station House Officer, Police Station Patna, District Koriya, Chhattisgarh. MCRC No. 3000 of 2021 • Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 32 Years, Resident of Village Rampur, P.S. Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh.

• State of Chhattisgarh, Through the SHO P.S. Patna, District Koriya, Chhattisgarh.

MCRC No. 3013 of 2021 • Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, R/o Rampur P. S. Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh. • State of Chhattisgarh, Through the Station House Officer, P. S. Patna, District Koriya, Chhattisgarh.

MCRC No. 3024 of 2021 • Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, Resident of Village Rampur, P.S. Patna, Tehsil Baikunthpur, DistrictKoriya, Chhattisgarh.

• State of Chhattisgarh, Through the SHO P.S. Patna, District- Koriya Chhattisgarh.

MCRC No. 3112 of 2021 • Suraj Das Mahant, S/o Dilip Mahant, aged about 28 Years, R/o Village Chindiya, Police Station Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh.

• State of Chhattisgarh, Through the SHO Police Station Patna, District Koriya, Chhattisgarh.

MCRC No. 3940 of 2021 • Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, R/o Village Rampur (Thakurpara), P.S. Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh.

---Applicant • State Of Chhattisgarh Through The Sho P.S. Patna, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh. ---Non-applicant MCRC No. 4030 of 2021 • Suraj Das Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation Business and Labour, R/o Village Chindiya, Police Station Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh. • State of Chhattisgarh, Through the SHO Police Station Patna, District Koriya, Chhattisgarh.

MCRC No. 4916 of 2021 • Suraj Das Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation Business and Labour, Resident of Village Chindiya, P.S. Patna, Tehsil Baikunthpur, District Koriya, (Chhattisgarh). ---Applicant • State of Chhattisgarh, Through the SHO, P.S. Patna, District Koriya, (Chhattisgarh).

For Applicants Shri Vijay Kumar Sahu, Advocate.

For State Shri Rahim Ubwani, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 16/07/2021

1. All the aforesaid bail applications filed under Section 439 of Cr.P.C. are being disposed of by this common order.

Applicants Crime Nos. and Police Station Offence under Sections In jail since Santosh Kumar Yadav Crime No.01/2021, Police Station Patna, District Koriya, C.G.

Section 41 (1-4) of Criminal Procedure Code/379 of Indian Penal Code 24.02.2021 Santosh Kumar Yadav Crime No.05/2021, Police Station Patna, District Koriya, C.G.

Section 41 (1-4) of Criminal Procedure Code/379 of Indian Penal Code 24.02.2021 Santosh Kumar Yadav Crime No.59/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 24.02.2021 Suraj Das Mahant Crime No.57/2021, Police Station Patna, Sections 379, 411, 34 of Indian Penal 24.02.2021

District Koriya, C.G.

Code Suraj Das Mahant Crime No.58/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 25.02.2021 Suraj Das Mahant Crime No.59/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 25.02.2021 Santosh Kumar Yadav Crime No.61/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 24.02.2021 Suraj Das Mahant Crime No.60/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 24.02.2021 Suraj Das Mahant Crime No.61/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 24.02.2021 Santosh Kumar Yadav Crime No.57/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 24.02.2021 Santosh Kumar Yadav Crime No.58/2021, Police Station Patna, District Koriya, C.G.

Sections 379, 411, 34 of Indian Penal Code 24.02.2021

2. As per prosecution case, in the month of January-February, 2021, applicants committed theft of several vehicles (tractor-trolley) and thereafter sold the same to co-accused persons. During investigation, the accused persons were arrested and on their memorandum, the stolen properties were seized.

3. Learned counsel for the applicants submits that applicants are innocent persons and have been falsely implicated in this case. He submits that there is no direct proof of applicants involvement in the alleged crime. The applicants are in jail since 24.02.2021 & 25.02.2021 respectively, charge sheet has already been filed and due

to COVID-19 pandemic, conclusion of trial is likely to take some time. Therefore, the applicants be released on bail.

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

5. Heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, the material collected against the applicants, the fact that there are number of cases registered against the applicants of similar nature and other offences, without expressing any opinion on the merits of the case, this Court is of the opinion that present is not a fit case for grant of bail to the applicants. However, if the trial is not concluded within a period of six months from today, the applicants shall be at liberty to repeat their prayer for grant of bail.

7. Accordingly, all the bail applications are dismissed. Sd/- Gautam Chourdiya Judge Akhilesh