← Library
High Court Of ChhattisgarhMCRC/2410/2021rejected

Mukesh Das @ Mukku v. State Of Chhattisgarh

2021-08-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2410 of 2021 Mukesh Das @ Mukku S/o Sunakar Das Aged About 27 Years R/o Village Dalwani, Police Station Patkura, District Kethadpada (Odisha) Presently R/o Gazi Nagar, Birgaon Raipur Chhattisgarh --- Applicant

Versus

State of Chhattisgarh Through Police Station Urla, Raipur District : Raipur, Chhattisgarh. ---- Respondent MCRC No. 2756 of 2021 Jageshwar @ Raju Dhruw S/o Late Gajadhar Dhruw Aged About 31 Years R/o Bendri Road, Near Satguru Traders, Urla Police Station Urla, District Raipur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh through Police Station Urla, District Raipur,Chhattisgarh --- Respondent For the applicant(s) :

Mr. Devershi Thakur, Advocate.

For the Respondent :

Mr. Ashish Tiwari, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .08.2021

1. These are two bail applications filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in Crime No.71/2021 of Police Station Urla Raipur (C.G) for the offences punishable under Sections 379 & 34 of IPC. Since both the applications are relating to same crime number, they are decided together.

2. As per the prosecution case, the applicants have committed theft of two tonnes of Ferro Manganese worth Rs.2,20,000/- from Rail Tech Building and Equipment Pvt. Ltd. Urla, Raipur

and while they were selling it, they were apprehended.

3. Learned counsel for the applicants submits that the charge sheet has been filed, no further investigation is necessary and the applicants are in jail since 01.03.2021, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail and submits that as per the report received, 4 cases under different sections of IPC are pending against applicant Mukesh Das and 8 criminal cases of different nature are pending against applicant Jageshwar. He further submits that while selling the ferro-manganese, they were apprehended, therefore, they are not entitled to bail.

5. Considering the fact that against applicant Mukesh Das, 3 criminal cases are to his credit and against Jageshwar, 8 criminal cases of different nature stand registered, I am not inclined to allow their bail applications. Accordingly, their bail applications are rejected.

Sd/- GOUTAM BHADURI JUDGE Rao