Vinodraj Chouhan @ Vinod Maratha v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.3481 of 2020 • Vinodraj Chouhan @ Vinod Maratha, S/o Subhaliya Raj Chouhan, Aged About 44 Years, R/o Riddhi Siddhi Colony Basantpura, Police Station Basantpura, District Rajnandgaon, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through The Station House Officer, P.S. Mandir Hasaud, District Raipur, Chhattisgarh ---- Respondent For Applicant Shri S. K. Verma, Advocate For Respondent-State Shri Gagan Tiwari, Dy. GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 14/08/2020 1.
The applicant has preferred this bail application under Section 439 of the CrPC, as he has been arrested in connection with Crime No.417/2019, registered at Police Station Mandir Hasaud, District Raipur (C.G.) for the offence punishable under Section 379 read with Section 34 of IPC.
2.
The applicant has committed theft of railway track amounting to Rs.30 Lakhs. This railway track was entrusted to the contractor for laying the track between Navagaon and Parsada Villages within Police Station Mandir Hasaud. Out of the total number of railway tracks entrusted to the company, about 368 railway tracks
were stolen by unknown persons. The applicant was arrested and he disclosed in his memorandum statement that he has sold the railway track worth Rs.30 Lakhs to different companies at Raipur.
3.
It is argued that only 3 feet of railway track has been recovered from the applicant and it is impossible that he would commit theft of only 3 feet of railway track.
4.
Per contra, learned State counsel would submit that a similar nature of crime has been registered against the applicant by the Railway Protection Force, Nainpur (Jabalpur). 5.
Considering the nature of allegations and for the fact that the applicant is involved in committing theft of railway property and his previous antecedents, this Court is not inclined to release the applicant on bail.
6.
Accordingly, the bail application is dismissed. Sd/- Prashant Kumar Mishra Judge Nirala