Maneesh Khatarkar v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5952 of 2020 • Maneesh Khatarkar S/o Late Bhaiyalal Khatarkar Aged About 27 Years R/o Bandhvatalab, Rameshwar Nagar, Khamtarai, Raipur, ThanaKhamtarai, District- Raipur, Chhattisgarh ---- Applicant
Versus
• The State Of Chhattisgarh Through Police Station- Khamtarai, DistrictRaipur, Chhattisgarh ---- Respondent MCRC No. 6992 of 2020 • Roshan Sharma S/o Shri Angat Sharma Aged About 24 Years R/o Near Bandhwa Talab, Verma Kirana Stores, Khamtarai, District Raipur (Chhattisgarh), ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant in M.Cr.C.
:
Mr. Samir Singh, Advocate.
No. 5952 of 2020 For Applicant in M.Cr.C.
:
Mr. C.R. Sahu, Advocate.
In 6992 of 2002 For State :
Mr. Dinesh Tiwari, Dy. Govt. Advocate Hon'ble Shri Justice Gautam Chourdiya Order On Board 25-11-2020 Heard.
1. Both the applications are being decided by this common order as they arise out of the same crime number. The applicants have moved this
application for grant of bail as they are arrested in connection with Crime No.283 of 2020 registered at Police Station- Khamtarai, District Raipur (C.G) for the alleged commission of offence under Section 392/34 of IPC.
2. The allegation against the present applicants is that on 3-7-2020 when the complainant Tejram Sahu was going to Urkura Chauk at about 10.45 O' clock, the applicants came in a scooti and stopped the complainant, by showing knife threatened him with dire consequences and snatched a purse having Rs.1,000/-, one mobile phone and bag along with documents from him and thereafter fled away from the spot.
3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in the case. Prosecution has not collected any material from the possession of the present applicants and present applicants have been arrested only on the basis of suspicion. He would submit that investigation is complete, charge sheet has been filed and applicants are in jail since 3/7/2020 and 4/7/2020 and that trial is not likely to be concluded early, therefore, at this stage, the applicants may be granted bail.
4. On the other hand, learned State Counsel opposes the bail application.
5. Taking into consideration the submissions of learned counsel for the parties, nature of allegations levelled against the applicants and further considering the fact that the applicants are in jail since 3/7/2020 and 4/7/2020, investigation is complete, charge sheet has been filed and trial is not likely to be concluded early, at this stage, I
am inclined to grant bail to the applicants.
6. Accordingly, the bail applications are 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.50,000/- along with two local sureties of the like amount to the satisfaction of the Trial Court on the condition thata) They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) They shall not in any manner, tamper with the prosecution witnesses.
7. The applicants are being granted bail on the condition that if the applicants are again found involve in similar commission of offence, it would be open for the State to apply for cancellation of the bail. Certified copy as per rules.
Sd/- (Gautam Chourdiya) Judge Raju