← Library
High Court Of ChhattisgarhMCRC/2540/2018allowed

Ramgopal Gandharv v. State Of Chhattisgarh

2018-04-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

Page No.1 IGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1006 of 2018 • Kaleshwar Prasad @ Raju Jangde S/o Kunwar Singh Aged About 22 Years R/o Village Jawali, Police Station Bankimogra, District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh. ---- Respondent M.Cr.C. No. 2830 of 2018 • Santosh Kumar Tekam S/o Bhagwan Singh Tekam Aged About 31 Years R/o Village Baksahi, Police Station And Tahsil Pali, Civil And Revenue District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh. ---- Respondent M.Cr.C. No.2540 of 2018 • Ramgopal Gandharv S/o Basant Gandharv Aged About 28 Years R/oAndhiyaripara,Police Station-Ratanpur, District- Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationPali, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. ---- Respondent

Page No.2 ---------------------------------------------------------------------------------------------------- For Applicants :

Mr. Aditya Khare, Advocate.

For Respondent :

Mr. Vinod Tekam, PLfor the State.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 23.04.2018

1. Both the applications are heard and decided together by this common, order, as both the bail applications are arising out the same crime number and offences.

2. These are the first bail application for grant of bail to the applicants who have been arrested in connection with Crime No. 136/2017 registered at Police Station - Pali, District - Korba, (C.G), for the offences under Sections 395, 397, 398, 201 of the Indian Penal Code.

3. Learned counsel for applicants submits that the applicant have been falsely implicated in this case. After completion of investigation the charge-sheet has been filed, no case is made out against them. Similarly, co-accused persons have been granted bail by this Court, hence, it is prayed that they are also entitled for grant of bail.

4. Learned counsel for the State opposes the bail applications and the submissions made in this respect.

5. Heard counsel for both the parties and perused the case diary.

Page No.3

6. Complainant - (Dev Singh Chahal), Security Manager of Maruti Power Limited Company, Bandhapar gave a written complaint that on 31.07.2017 in the intervening night about 15- 20 persons carrying rods, axes and other things committed dacoity in Maruti Power Limited Company, Bandhapar, by stealing copper wires approximately 60 meters worth Rs. 3,10,000/-. During investigation the applicants were apprehended and recovery of some copper wire has been made from them.

7. Considered on the submissions made and contents of the case diary, similarly placed co-accused persons have been granted bail by this Court, hence, I am of the view that these applicants also deserve to be released on bail.

8. Consequently, all the applications filed under Section 439 of the Cr.P.C. are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal