Jagbhuwan Goswami & Others v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5436 of 2021 1.
Jagbhuwan Goswami S/o Sudarshan Giri Goswami, Aged About 28 Years, 2.
Chotelal Rohidas S/o Chaitram Rohidas, Aged About 32 Years, 3.
Suresh Chandrasen S/o Sukhdev Chandrasen, Aged About 20 Years, 4.
Sahdev Khare S/o Lakhanlal Khare, Aged About 32 Years, 5.
Suraj Kumar S/o Ramayan Lal Rohidas, Aged About 19 Years, All the Resident Of Village Khaija, Bhathapara, Chowki Pantora, Police Station Baloda, District Janjgir-Champa (C.G.). ---- Applicants
Versus
1.
State Of Chhattisgarh, Through S.H.O. Police Station Kusmunda, District Korba (C.G.).
---- Non-applicant For Applicants :
Mr. Vijay Kumar Sahu, Advocate.
For Non-Applicant/State :
Mr. Chitendra Singh, P.L.
Hon'ble Shri Justice Gautam Chourdiya Order on Board 16/08/2021 1) The matter is heard through Video Conferencing. 2) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 07/07/2021 in connection with Istagsha No. 14/2021 registered at Police Station Kusmunda, District Korba (C.G.) for the offence punishable under Section 41(1-4) of Code of Criminal Procedure and Section 379 of Indian Penal Code. 3) As per the prosecution case, on 07/07/2021 while the applicants
were stealing away diesel from the standing Dumper vehicles at S.E.C.L., Kusmunda Mines, they were apprehended by the Police and from the possession of each of the applicants 70 Liters Diesel worth Rs. 6,600/- i.e. total 350 Liters Diesel worth Rs. 33,000/- were seized.
4) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The applicants were arrested on 07/07/2021. He also submits that applicants have no criminal antecedents, no apprehension of the applicants tampering with the evidence or absconding and conclusion of trial is likely to take some time for its disposal. Therefore, the applicants be released on bail by this Court. 5) On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicants have no criminal antecedents.
6) Heard learned counsel for the parties.
7) Considering the facts and circumstances of the case, the nature of allegation against the present applicants, in particular the detention period of the applicants, offence is triable by Magistrate and the fact that the applicants have no criminal antecedents and there is no apprehension of the applicants tampering with the evidence or absconding as admitted by both the Counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event each of the applicants executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, they shall be released on bail on the following conditions:- i.
they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,
ii.
they shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.
they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. iv.
they shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority.
v.
they shall not involve themselves in any offence of similar nature in future.
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicants involving themselves in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant