← Library
High Court Of ChhattisgarhMCRC/5992/2020allowed

Saurabh Jain v. State Of Chhattisgarh

2020-10-08Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5992 of 2020 • Saurabh Jain, S/o Mahendra Kumar Jain, Aged About 36 Years, R/o Near Jain Mandir, Ward No.01, Nayapara, Rajim, Village Gobra, District Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, PS City Fingeshwar, Gariyaband, District Gariyaband, Chhattisgarh ---- Respondent MCRC No.5970 of 2020 • Manish Tandon, S/o Mohna Tandon, Aged About 22 Years, R/o Village Chhanta, Police Station Gobra, Nawapara, District Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Fingeshwar, District Gariyaband, Chhattisgarh ---- Respondent MCRC No.6130 of 2020 • Vedvyas Sahu, S/o Shri Maniram Sahu, Aged About 25 Years, R/o Village Tekla, Police Station Magarlod, District Dhamtari, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station Fingeshwar, District Gariaband, Chhattisgarh ---- Respondent MCRC No.6272 of 2020 • Yashwant Dhruw @ Jitendra Dhruw, S/o Shri Puranlal Dhruw, Aged About 27 Years, R/o Village Sadak Parsuli, P.S. Gariaband, District Gariaband, Chhattisgarh

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Fingeshwar, District Gariyaband, Chhattisgarh ---- Respondent For Applicants Shri Pragalbha Sharma, Ms. Supriya Upasane and Shri K. K. Dewangan, Advocates For Respondent Shri Sudeep Agrawal, Dy. AG Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 08/10/2020 1.

The applicants have preferred these bail applications under Section 439 of the CrPC, as they have been arrested in connection with Crime No.136/2020, registered at Police Station Fingeshwar, District Gariyaband (C.G.) for the offence punishable under Sections 379, 411, 409, 414 read with Section 34 of IPC and Section 3/7 of the Essential Commodities Act. 2.

During the intervening night of 2nd and 3rd August, 2020, truck No.CG-04-JA-4727 was intercepted at Chhura - Kundel Road within Fingeshwar Police Station jurisdiction, wherein it was found that the truck was carrying 25 quintal rice and 50 quintal gram (chana) total valued at Rs.3,06,000/-. The truck belongs to the applicant Saurabh Jain, whereas it was driven by the applicant Manish Tandon. The applicant Vedvyas Sahu was the villager/munshi of the truck and was present at the time of verification of the truck, whereas the applicant Yashwant Dhruw

is the driver of the truck where from the goods were unloaded and then loaded in the subject truck. The crime has been registered because the articles belong to the State of Chhattisgarh, as the same were meant for distribution to the public through Public Distribution System.

3.

Learned State counsel would oppose the bail applications. 4.

Considering the fact that the applicant Saurabh Jain is in jail since 04.08.2020, applicant Vedvyas Sahu since 03.08.2020, applicant Yashwant Dhruw since 13.08.2020 and the applicant Manish Tandon is in jail since 03.08.2020, as also for the reason that the offences are trialable by the JMFC, this Court is inclined to release the applicants on bail.

5.

Accordingly, all the bail applications are allowed and the applicants are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Prashant Kumar Mishra Judge Nirala