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High Court Of ChhattisgarhMCRC/3278/2019rejected

Rahul Vishwakarma v. State Of Chhattisgarh

2019-07-02Hon'Ble Shri Justice Rajendra Chandra Singh Samant10 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2803 of 2019 Rohit Kumar Sahu S/o Tulshi Ram Sahu Aged About 28 Years R/o Camp -01 Near Hanuman Mandir Chawni, Thana Chawni, District-Durg State of Chhattisgarh Through The District Magistrate Durg, DistrictDurg, Chhattisgarh. MCRC No. 2851 of 2019 Rohit Kumar Sahu S/o Tulshi Ram Sahu Aged About 28 Years R/o Camp-01, Near Chowk, Ward No. 19, Near Hanuman Mandir, Police Station-Chawni, District- Durg, Chhattisgarh., State Of Chhattisgarh Through The Station House Officer, Police Station-Chhawni, District- Durg, Chhattisgarh. MCRC No. 2881 of 2019 Rohit Kumar Sahu S/o Tulshi Ram Sahu Aged About 28 Years R/o Camp -01 Nehru Chowk Near Hanuman Mandir Police-StationChawni, District-Durg, Chhattisgarh.

State of Chhattisgarh Through The District Magistrate Durg MCRC No. 2928 of 2019 Rohit Kumar Sahu S/o Tulshi Ram Sahu Aged About 28 Years R/o Camp-01 Near Hanuman Mandir Nehru Chowk Camp 1 Bhilai Tehsil And District- Durg, Chhattisgarh.

State Of Chhattisgarh Through The District- Magistrate, Durg, MCRC No. 2929 of 2019 Rohit Kumar Sahu S/o Tulshi Ram Sahu Aged About 28 Years R/o Camp-01 Near Hanuman Mandir P.S. Chawni District-Durg, State Of Chhattisgarh Through The S.H.O. P.S. Pulgaon, District- Durg, MCRC No. 2970 of 2019 Mukesh Kumar Sharma S/o Tarkeshwar Sharma Aged About 21 Years

R/o Road No. 18, Camp 1, Bhilai, P.S. Chawni, Tehsil And DistrictDurg, Chhattisgarh. State Of Chhattisgarh Through District- Magistrate, District- Durg, MCRC No. 2985 of 2019 Mukesh Kumar Sharma S/o Tarkeshwar Sharma Aged About 21 Years R/o Road No. 18, Camp 1, Bhilai, P.S. Chawni, Tehsil And DistrictDurg, Chhattisgarh. State Of Chhattisgarh Through District- Magistrate, District- Durg, MCRC No. 3139 of 2019 Mukesh Kumar Sharma S/o Tarkeshwar Sharma Aged About 23 Years R/o Road No. 18, Camp1, Bhilai Police Station Chawani, Tehsil And District-Durg, Chhattisgarh.

State Of Chhattisgarh Through Police-Station-Pulgaon, District-Durg

MCRC No. 3141 of 2019 Mukesh Kumar Sharma S/o Tarkeshwar Sharma Aged About 23 Years R/o House No. H-10, Road No. 18, Camp 1, Bhilai Police Station Chawni, Tehsil & District-Durg, Chhattisgarh. State of Chhattisgarh Through Police-Station-Utai, District-Durg MCRC No. 3145 of 2019 Mukesh Kumar Sharma S/o Tarkeshwar Sharma Aged About 23 Years R/o Road No. 18, Camp 1, Bhilai Police Station Chawani, Tehsil & District-Durg, Chhattisgarh.

State of Chhattisgarh Through Police Station Pulgaon, District-Durg MCRC No. 3276 of 2019 Rahul Vishwakarma S/o Late Madan Lal Vishwakarma Aged About 23 Years R/o Camp-01, Street No. 18, Azad Mohalla Chawni, Tahsil And District-Durg, Chhattisgarh.

State Of Chhattisgarh Through The Station House Officer, PoliceStation-Pulgaon, District-Durg, Chhattisgarh. MCRC No. 3278 of 2019 Rahul Vishwakarma S/o Late Madan Vishwakarma Aged About 23 Years R/o Camp-01, Street No. 18, Azad Mohalla, Chawni, Tahsil And District-Durg, Chhattisgarh.

State of Chhattisgarh Through The District Magistrate, Durg MCRC No. 3280 of 2019 Rahul Vishwakarma S/o Late Madan Lal Vishwakarma Aged About 23 Years R/o Camp-01, Street No. 18, Azad Mohalla, Chawni, Tahsil And District-Durg, Chhattisgarh.

State Of Chhattisgarh Through The District-Magistrate, Durg MCRC No. 3284 of 2019 Rahul Vishwakarma S/o Late Madan Lal Vishwakarma Aged About 23

Years R/o Camp - 01 Street No. 18 Azad Mohalla Chawni Tehsil And District-Durg, Chhattisgarh.

State Of Chhattisgarh Through The SHO Police Station-Pulgaon, District-Durg, Chhattisgarh.

MCRC No. 3292 of 2019 Mukesh Kumar Sharma S/o Tarkeshwar Sharma Aged About 23 Years R/o Road No. 18, Camp 1, Bhilai, Police-Station-Chawni, Tehsil And District-Durg, Chhattisgarh.

State Of Chhattisgarh Through Police Station Pulgaon, District-Durg For Applicant:

Mr. Avinash Chand Sahu, Advocate in MCRC Nos. 2803/19, 2851/19, 2881/19, 2928/19, 2929/19. Mr.Shishir Dixit, Advocate in MCRC No. 2970/19, 2985/19, 3141/19, 3139/19, 3145/19. Mr. Sanjay Kumar Agrawal, Advocate in MCRC Nos. 3276/19, 3278/19, 3280/19, 3284/19. Mr. Shishir Dixit & Mahendra Dubey, Advocates in MCRC No.3292/2019.

For State/respondent: Mr. Avinash Kumar Mishra, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/07/2019

1. Although above applications related to different crime numbers and filed by different applicants, but the same are being disposed off by this common order as they are arise out of similar type of offence committed by applicants.

2. Above applications filed under Section 439 of the Code of Criminal Procedure, 1973 are first bail applications on behalf of the applicants for grant of regular bail to them as they are in custody in connection with different crime numbers, details of which are as under:- Sr.

No .

MCRC No. Applicant Name Crime No.

Policestation Offences Date of Arrest 1.

2803/2019 Rohit Kumar Sahu 395/2018 Pulgaon, 394, 397/34 of IPC, 25,(1£) (£), 27 of Arms Act.

21.10.2018 DistrictDurg 2..

2851/2019 Rohit Kumar Sahu 393/2018 Pulgaon, 394, 397/34 of IPC, 25,(1£) (£), 27 of Arms Act.

21.10.2018 DistrictDurg 3.

2881/2019 Rohit Kumar Sahu 327/2018 Utai, 394, 397/34 of IPC, 25,(1£) (£), 27 of Arms Act.

21.10.2018 DistrictDurg

4.

2928/2019 Rohit Kumar Sahu 448/2018 Bhilai 392/34 of IPC.

21.10.2018 Nagar, DistrictDurg 5.

2929/2019 Rohit Kumar Sahu 394/2018 Pulgaon, 392, 397/34 of IPC, 25,(1£) (£), 27 of Arms Act.

21.10.2018 DistrictDurg 6.

3292/2019 Mukesh Kumar 393/2018 Pulgaon, 394, 397/34 of IPC.

21.10.2018 Sharma DistrictDurg 7.

3139/2019 Mukesh Kumar 395/2018 Pulgaon, 392, 397/34 of IPC.

21.10.2018 Sharma DistrictDurg 8.

3141/2019 Mukesh Kumar 327/2018 Utai, 394, 397/34 of IPC.

21.10.2018 Sharma DistrictDurg 9.

2985/2019 Mukesh Kumar 880/2018 Supela, 394/34 of IPC.

21.10.2018 Sharma DistrictDurg

10. 3145/2019 Mukesh Kumar 394/2018 Pulgaon, 392, 397/34 of IPC.

21.10.2018 Sharma DistrictDurg

11. 2970/2019 Mukesh Kumar 448/2018 Bhilai 392, 34 of IPC.

21.10.2018 Sharma Nagar, DistrictDurg

12. 3276/2019 Rahul 394/2018 Pulgaon, 394, 397/34 of IPC.

21.10.2018 Vishwakarma DistrictDurg

13. 3278/2019 Rahul 327/2018 Utai, 394, 397/34 of IPC.

21.10.2018 Vishwakarma DistrictDurg

14. 3280/2019 Rahul 395/2018 Pulgaon, 392, 397/34 21.10.2018 District-

Vishwakarma Durg of IPC.

15. 3284/2019 Rahul 393/2018 Pulgaon, 394, 397/34 of IPC.

21.10.2018 Vishwakarma DistrictDurg

3. It is submitted by the learned counsel for applicants that all the applicants have been falsely implicated in this case on the basis of only one memorandum statement recorded by the police. Some FIRs have been lodged subsequent to the date of recording of memorandum statement which shows concoction of case by the police. Applicants in all the cases are in jail since October, 2018 and the trial of case is likely to take time, therefore, it is prayed that the applicants in above cases may be enlarged on regular bail.

4. On the other hand, learned counsel for the State opposes the bail applications and the submission made in this respect. It is submitted that the applicants in all these cases have committed numerous offences of similar nature which shows that they are habitual offenders, hence, their applications be rejected.

5. I have heard the learned counsel for both the parties and perused the case diary.

6. (1).

In Crime No.395/2018, it is alleged that applicants have looted mobile and tablet from complainant Bharat Nishad which was subsequently recovered from possession of applicants. (2).

In Crime No.393/2018, one mobile phone & gold chain of complainant Pranay Chandrakar was looted and the same has been recovered and seized from applicants in the course of investigation.

(3).

In Crime No.327/2018, mobile and ATM card of complainant Sishupal Verma was looted by the applicants, which were subsequently from the possession of applicants. (4).

In Crime No.394/2018, one mobile phone and cash of Rs.8,000/- of complainant Leeladhar Sinha was looted, which was recovered and seized from the possession of the accused by the police.

(5).

In Crime No.880/2018, cash of Rs.6315/- & railway ticket of complainant Hemant Kumar Gilhare was looted and the same were recovered subsequently from possession of applicants. (6).

In Crime No.448/2019, gold chain and mobile worth Rs.20,000/ of complainant Raja Mongali was looted. Subsequently, accused persons were arrested and mobile & cash were recovered at their instance.

7. Looking to the multiplicity of offence registered and pending against these applicants, it appears that they are habitual offenders engaged in commission of crimes, therefore, I do not feel inclined to allow application in all these cases.

8. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are rejected.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha