Durgesh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3246 of 2021 Ramsudhir @ Shubham Aged About 23 Years S/o Vyasnarayan Dhiwar R/o Village And Police Station Seepat District Bilaspur Chhattisgarh. ---Applicant

Versus

State Of Chhattisgarh Through Police Station Seepat District And Revenue District Bilaspur Chhattisgarh. ---Respondent And MCRC No. 3469 of 2021 Durgesh S/o Ramgopal Dhiwar Aged About 23 Years Resident Of Village Nevsa, Police Station Sipat, Tahsil And District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sipat, District Bilaspur Chhattisgarh. --- Respondent For applicants - Shri Raj Kumar Gupta and Shri Nitansh Kumar Jaiswal, Advocates.

For Respondent/State - Shri Gagan Tiwari, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 10/08/2021 1.

Both these bail applications are decided by this common order as they are arising out of the same crime number. 2.

The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.209/2020 registered in Police Station Sipat, District Bilaspur (C.G.) for offence punishable under sections 395, 397, 34 of Indian Penal Code.

3.

As per the prosecution case, on 1/05/2020 the applicants alongwith others assaulted one Shahjad Khan and looted Rs.10,000/- and other goods.

4.

Learned counsel for the applicants submits that the other co-

accused has been enlarged on bail and complainant Shahjad Khan has been examined and he has also not supported the case of the prosecution. He refers to the statement of Shahjad khan and would submit that he has turned hostile, therefore the applicants may also be released on bail.

5.

Per contra, learned State counsel opposes the prayer for grant of bail.

6.

The certified copy of the statement recorded of Shahjad Khan has been placed, prima facie it shows that he has not supported the case of the prosecution. Taking into such fact, without further observation on the merits, this court is inclined to release the applicants on bail. 7.

Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri