Lekhram Netam v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4285 of 2018 • Lekhram Netam S/o Vishnu Netam, Aged About 37 Years, R/o- House No.72, Ward No.6, Godhpara, Village Dhor, Tehsil Patan And DistrictDurg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ----Non-applicant MCRC No. 4294 of 2018 • Shyamu Yadav S/o Late Milan Yadav, Aged About 32 Years, R/o- Village Dhour, Post- Selud, Tehsil Patan And District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ----Non-applicant For Applicants - Shri Shikhar Bakhtiyar, Advocate. For Non-applicant/State - Shri Vinod Tekam, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 11-07-2018 1.

As these two applications arise out of the same crime number, i.e., Crime No.129/2017, registered at Police Station Amleshwar, District Durg, Chhattisgarh for the offence under Section 420, 384, 342, 365, 120-B, 34 of the IPC, they are being decided by this common order. 2.

Heard on the applications filed under Section 439 of the Cr.P.C. These are first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 15-03-2018 in connection with aforesaid crime number and offence.

3.

It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 15-03-2018. No case is

-2made out against them. Similarly placed co-accused, Govind Yadav has been granted bail by this Court and Vijay Yadav has been granted bail by coordinate Bench of this Court. Hence, it is prayed that these applicants may also be granted regular bail.

4.

Learned counsel for the State/non-applicant opposes the applications. 5.

Heard learned counsel for the parties and perused the case diary. 6.

The allegation against these applicants is this, that they along with coaccused persons abducted the complainant Bhawani Sahu and forced him to sign on some blank stamp papers by putting him under threat. 7.

After considering on the material present in the case diary and looking to the fact that similarly placed co-accused persons have been granted bail by this Court as well as by the coordinate Bench, I feel inclined to grant regular bail to these applicants.

8.

Consequently, both these applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail are hereby allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil