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High Court Of ChhattisgarhMCRC/784/2016allowed

Mahajan Komre v. State Of Chhattisgarh

2016-02-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 349 of 2016 • Pradeep Kumar Komra S/o Hiresingh Komra Aged About 30 Years Cast Gond, R/o Village Chargaon, Post Hatkarra, P.S. Korar, Tahsil Bhanupratappur, Civil & Rev. Distt. North Bastar Kanker, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through P.S. Antagarh, Distt. North Bastar Kanker, Chhattisgarh.

--- Respondent MCRC No. 784 of 2016 • Mahajan Komre S/o Late Uderam Komre Aged About 30 Years Caste Gond, R/o Village Aadejhar, P.S. Mahamaya, Civil and Rev. Distt. Balod Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through P.S. Antagarh, Distt. North Bastar Kanker Chhattisgarh.

--- Respondent For the applicants :

Mr. Rakesh Thakur Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.02.2016

1. The applicants have filed these second bail applications under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to them in connection with Crime No. 44 of 2015 registered at P.S. Antagarh,Distt. North Bastar, Kanker (C.G) for the offence punishable under Section 457, 380/34 of IPC.

2. As per the prosecution, in the intervening night of 2nd & 3rd Sept. 2015 certain ornaments were stolen from the house of one Jagat Ram Koda. The matter was reported and subsequently the applicants were arrested. During the course of investigation, silver coins alongwith some cash were recovered from applicant Pradeep Kumar Komra whereas from applicant, Mahajan Komre one mobile and cash of Rs.200/- were recovered.

3. Learned counsel for the applicants submits that 2-3 silver coins along-with currency notes amounting to Rs.200/- were recovered from applicant Pradeep Kumar Komra which too have not been identified whereas one Nokia mobile with currency notes amounting to Rs.200/- were recovered from applicant Mahajan Komre and the stolen articles have not been identified. He further submits that the applicants have not been named in the memorandum and they have been falsely implicated in the crime. He further submits that the charge sheet in this case has been filed and the applicants are in jail since 14.09.2015, therefore, he prays for releasing them on regular bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Taking into the totality of the facts and circumstances of the case as also the fact that the charge sheet in this case has been filed; the recoveries have been made and the applicants are stated to be in jail since 14.09.2015; without any observation on merits of the case, this Court is inclined to release them on bail. Accordingly, the bail applications are allowed.

6. The applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court.

Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao