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High Court Of ChhattisgarhMCRC/5697/2020rejected

Madhav Kuldeep v. State Of Chhattisgarh

2020-11-19Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Reserved on 09.11.2020 Order Delivered on 19. 11.2020 MCRC No. 5697 of 2020 • Madhav Kuldeep S/o Late Shri Bajrang Aged About 35 Years R/o Village Bamhani, Tehsil And District Kondagaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Benoor, District Narayanpur, Chhattisgarh.

---- Respondent MCRC No. 5705 of 2020 • Madhav Kuldeep S/o Late Shri Bajrang Aged About 35 Years R/o Village Bamhani, Tehsil And District Kondagaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Orchha, District Narayanpur, Chhattisgarh.

---- Respondent MCRC No. 5750 of 2020 • Madhav Kuldeep S/o Late Shri Bajrang Aged About 35 Years R/o Village Bamhani, Tehsil And District Kondagaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Orchha, District Narayanpur, Chhattisgarh, ---- Respondent MCRC No. 6406 of 2020

• Madhav Kuldeep S/o Late Shri Bajrang Aged About 35 Years R/o Village Bamhani, Tehsil And District Kondagaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Orchha, District Narayanpur (Chhattisgarh) ---- Respondent For Applicant Ms. Madhunisha Singh, Advocate For Respondent/State Mr. Gagan Tiwari, Dy.G.A.

Shri Prem Prakash Awadhuliya, Inspector is also present.

Hon'ble Shri Prashant Kumar Mishra, J.

CAV Order

1. Since all the bail applications are filed by the applicant - Madhav Kuldeep, they are being considered and decided by this common order.

2. These bail applications have been preferred by the applicant under Section 439 of CrPC for grant of bail, as he is arrested in connection with the following crimes :

M.Cr.C.

No.

Crime No.

Police Station & District Offence 5697/2020 32/2019 Benoor, District Narayanpur 392, 435, 341 & 34 of the I.P.C.

5705/2020 12/2019 Orchha, District Narayanpur 392, 341 & 34 of the I.P.C.

5750/2020 11/2019 Orchha, District Narayanpur 392, 341 & 34 of the I.P.C.

6406/2020 13/2019 Orchha, District Narayanpur 392, 398, 457, 458 of the I.P.C.

3. As per the material available in the case diary, the applicant along with other accused persons stopped the bus bearing Registration No. CG-17F-0930 of Bastar Travels at 9:15 pm on 12.08.2019, instructed all the passengers to get down from the bus and thereafter poured petrol and torched the bus.

4. As per the memorandum statement of the accused persons they were involved in committing High Way robbery/ loot and set ablaze the bus to make it appear that all the incidents are being caused by the Naxalites. The accused persons were arrested on the basis of tower location of the mobile set which they were using at the time of occurrence.

5. Although, the bail applications of co-accused have been allowed in MCRC Nos.4501 of 2020 & 4595 of 2020, however, in other applications bearing MCRC Nos. 4578 of 2020 and 4515 of 2020, the bail applications were withdrawn. Resultantly, the co-accused persons are still inside the jail.

6. The place where the present incident occurred is at Kondagaon - Narayanpur High Way. The area is highly Naxal infested. The allegations are serious in nature, therefore, considering the entire facts situation of the case, this Court is not inclined to grant bail to the applicant.

7. Accordingly, all the bail applications are rejected. SD/- (Prashant Kumar Mishra) Judge Gowri