Prakash Tandan And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3072 of 2020

1. Prakash Tandan And Anr. S/o Shri Gunaram Tandan, Aged About 35 Years R/o Village Borasi, Police Station and Tahsil Pamgarh, Civil and Revenue District Janjgir Champa Chhattisgarh.

2. Deepak Tandan S/o Shri Shatruhan Tandan, Aged About 21 Years R/o Village Borasi, Police Station And Tahsil Pamgarh, Civil And Revenue District Janjgir Champa Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Pamgarh, Civil and Revenue District Janjgir-Champa, Chhattisgarh. ---- Respondent ___________________________________________________________________ For Applicant :

Shri P.M. Shriwas, Advocate.

For State :

Shri Alok Bakshi, Addl. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/08/2020

1. Heard on application for grant of bail.

2. Both the applicants have been arrested on 23.03.2020, on the allegation of having committed offence under Sections 457, 380, 34 of Indian Penal Code. The applicants moved this application for grant of bail in connection with Crime No.434/2019 registered at Police Station- Pamgarh, District- JanjgirChampa (C.G.).

3. Prosecution case is that the applicants committed theft of gold, silver ornaments and cash of Rs.20,000/-.

4. Learned counsel for the applicant submits that the applicants have been falsely implicated, he further submitted that the false seizure has been prepared on the basis of suspicion. He next submitted that investigation is complete, charge sheet has been filed and applicants are not likely to abscond, misuse liberty or tamper with prosecution witnesses. Therefore, at this stage, they may be granted bail.

On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that prima facie, case is made out against the applicants. They are involved in number of cases and criminal cases have been registered and in the memorandum it has been mentioned that the applicants have committed theft of gold, silver jewellery of the value of about Rs. 60,000/- and cash of Rs.20,000/-, therefore, the application may be rejected.

5. Taking into consideration submission made by the learned counsel for the parties, taking into consideration the nature and gravity of offence, investigation is complete, charge sheet has been filed and that the applicants are in jail since 23.03.2020, I am inclined to grant bail.

6. Accordingly, the bail application is 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/- along with two local sureties for the like amount to the satisfaction of the Trial Court on the condition thata) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) They shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Nadim