Dilip Jumnani v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3332 of 2016 • Dilip Jumnani S/o Late Ramesh Lal Jumnani, Aged About 35 Years R/o House No. 70 Salasar Green, Sarona, P.S. D.D. Nagar, Raipur, District Raipur (Chhattisgarh) --- Petitioner
Versus
• State of Chhattisgarh Through : Station House Officer, Police Station Ganj, Raipur (Chhattisgarh) --- Respondent For the applicant :
Mr.Raghavendra Pradhan, Advocate For the Respondent :
Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.07.2016
1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.257 of 2015 registered at P.S. Ganj, Raipur (C.G) for the offence punishable under Section 393, 307, 397, 114, 120-B of IPC and Sections 25/27 of the Arms Act.
2. As per the prosecution case, on 03.02.2015 a report was lodged by the complainant Bharat Jethwa that he alongwith his colleague Chhabilal withdrew an amount of Rs.12 lakhs from Punjab National Bank and he was already having Rs.6,73,000/- thus they were holding the total cash of more than Rs.18 lakhs which was kept in a bag alongwith Firm documents. While they were going with money by motorcycle, two persons namely Vikash Sonkar and Ashish Thakur overtook and intercepted the motorcycle of complainant and thereafter threatened them and snatched the bag from complainant. On being resisted, the accused
who was sitting on the offending motorcycle fired bullet shots but that bullet shot was missed and at that time Chhabilal was assaulted by accused and when Chhabilal was running with bag, the accused chased him and fired bullets on him but the bullet shot was missed. After snatching the bag from Chabilal, the accused tried to flee away, however, Chhabilal pulled the back side of the motorcycle of accused when the accused tried to flee away whereby the other accused Vikash and Ashish fell down and they were caught red handed by the public gathered there. Subsequently on interrogation it was revealed that this applicant has hatched conspiracy to commit loot of complainant. The other person Vijay and another were identified a day before and the allegation against the applicant is that he was part of the conspiracy in committing loot/dacoity.
3. Learned counsel for the applicant would submit that no incriminating evidence is available against this applicant to connect him in the crime. He further submits that the story as projected by the prosecution that the applicant has communicated the information to accused from his mobile No.9329090004 would be negated by the documents filed by prosecution as he had not communicated at the relevant time from the specified place which has been stated to be projected by the prosecution and the area also do not match. He further submits that virtually there is no evidence against this applicant that he was part of conspiracy in committing crime. He further submits that the applicant is financially very sound person and the story as projected that he was in need of money to make up the business loss is completely belied.
4. Per contra, learned State Counsel opposes the bail. He
submits that the applicant was part of conspiracy in committing crime.
5. Perused the documents and case diary. The memorandum of the co-accused was recorded and the person to be looted was identified by this applicant and from from whom the cash to be looted and accordingly the other accused executed the plan and looted the cash from complainant and his friend Chhabilal. When accused Ashish and Vikash tried to flee away with looted cash, their motorcycle was caught hold by the Chhabilal, thereby the accused fell down and they were apprehended by the crowd gathered there.
6. Considering documents available and the statements of witnesses as also the chain of circumstances and the fact that the identification of victim was at the instance of the applicant, I am not inclined to allow the bail application. Accordingly, it is rejected.
Sd/- GOUTAM BHADURI JUDGE R a o