High Court Of ChhattisgarhMCRC/4577/2021allowed

Ram Awadh Kushwaha v. State Of Chhattisgarh

2021-08-05Hon'Ble The Acting Chief Justice3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4311 of 2021 • Pradeep Kumar Prajapati S/o Biharilal Aged About 24 Years R/o Village Harigawan, Police Station Raghunath Nagar, Balrampur - Ramanujganj, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, Police Station Basantpur, District Balrampur - Ramanujganj, Chhattisgarh.

---- Respondent • Ram Awadh Kushwaha S/o Mohar Ram Aged About 28 Years R/o Harigwa, Magarharpara, Police StationRaghunath Nagar, District- Balrampur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Incharge Police StationBasantpur, District- Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For Applicant in MCRC No.4311/2021:- Mr. Arun K. Shukla, Adv For Applicant in MCRC No.4577/2021:- Mr. D.N. Prajapati, Adv For Respondent-State :- Mr. Arjit Tirwari, PL Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board

05/08/2021

1. Since both the bail applications are arising out same crime number they are being heard and decided by this common order.

2. The applicants have preferred these bail applications under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.53/2021 registered in Police Station Basantpur. Distt. Balrampur Ramanujganj C.G. for the offence punishable under Sections 379/34 of the I.P.C. & Section 136 of the Electricity Act.

3. Applicants have committed theft of copper wire from electric transformer belonging to the Chhattisgarh State Power Distribution Company Limited (CSPDCL) valued at Rs.80,000/- and sold it in the market for a sum of Rs.26,000/-.

4. Learned State counsel would oppose the prayer for grant of bail.

5. Considering the fact that applicant - Pradeep Kumar Prajapati is in jail since 24.3.2021 and applicant Ram Awadh Kushwaha is in jail since 23.3.2021 also for the fact that charge sheet has already been filed and there is no previous antecedent of commission of similar nature of crime or any other heinous crime, I am inclined to release the applicants

on bail.

6. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi