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High Court Of ChhattisgarhMCRC/5856/2021allowed

Tejwant Singh @ Sonu v. State Of Chhattisgarh,

2021-09-15Hon'Ble The Acting Chief Justice3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Tejwant Singh @ Sonu S/o Joga Singh, Aged About 33 Years R/o Quarter No.B-204, Phulodevi Colony, Haldipali, Bargarh, Police Station Bargarh, District - Bargarh (Odisha) ---- Applicant

Versus

• State Of Chhattisgarh, Through - Station House Officer, Police Station Dharamjaigarh, District - Raigarh Chhattisgarh.

---- Respondent For Applicant :- Mr. Sanjay Agrawal, Advocate For Respondent-State :- Mr. Gagan Tiwari, Dy.G.A.

Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 15/09/2021

1. Heard.

2. This is a third application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.174/2020, registered at Police Station Dharamjaigarh, District - Raigarh for the offence punishable under Sections 342, 120-B, 392/34 of the I.P.C.

3. Earlier, the first bail application was dismissed as withdrawn with liberty to move at an appropriate stage while the second

bail application was dismissed with liberty to revive the prayer after framing of charges.

4. Applicant along with arrested co-accused Palwinder @ Pintu and two other absconding accused persons have committed loot of 25.040 tons of TMT bar amounting to Rs. 9,83,670/-. The above said quantity of TMT bar was transported from Ajay Rolling Mill, Punjipatra to Ambikapur bearing truck no. C.G.-15-AC-1905.

5. Driver of the truck namely; Mohd. Naushad Ansari was stopped on the way near Dharamjaigarh and after making him unconscious by spraying some anesthetic liquid over his face the truck was taken to a place near Basna, Saraipali and the entire load of TMT bar was unloaded and was sold by the accused persons. Applicant has revealed in his memorandum statement that he along with other accused persons has committed loot.

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

7. Considering that the offence are triable by JMFC and the applicant is in jail since 14.10.2020, i.e., for about 11 months and it may take some more time to conclude the trial, I am inclined to release the applicant on bail.

8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his 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. He is 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