Arjun Adil v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4924 of 2018

1. Arjun Adil S/o Shri Malkhan Adil Aged About 45 Years R/o Village Temri Police Station Nandghat District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through Police Station Chakarbhata, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent MCRC No. 4970 of 2018

1. Rajkumar Patre S/o Chhotelal Patre Aged About 30 Years R/o Village Chirauti, Patharia, Police Station Patharia District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh

2. Daulat Patre S/o Badri Prasad Patre Aged About 25 Years R/o Village Chirauti, Patharia, Police Station Patharia District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh

3. Vijay Kumar Patre S/o Faguwa Ram Patre Aged About 34 Years R/o Village Chirauti, Patharia, Police Station Patharia District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Chakarbhatha, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent

Page No.2 MCRC No. 4995 of 2018

1. Ranjeet Koshlay S/o Dallu Ram Koshlay Aged About 27 Years R/o Village Dighora Police Station Pathariya And District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh

2. Dhaniram @ Muchu Jangde S/o Anill Jangde Aged About 22 Years R/o Village Dighora Police Station Pathariya And District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Its Police Station Chakarbhata, District Civil And Revenue District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicants :

Mr. Dheerendra Pandey, Advocate in MCRC No.4924/2017.

Mr. Goutam Khetrapal, Advocate in MCRC No.4970/2018.

Mr. B.L. Sahu , Advocate in MCRC No.4995/2018.

For Respondent/State :

Mr. Ashok Swarnkar and Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on board 01/08/2018

1. Since all the bail applications arise out of the same crime number, they are being disposed of by this common order.

2. All these applications are first bail application of the applicants under Section 439 of the Code of Criminal Procedure, for grant of regular bail to the applicants as they have been arrested in connection with Crime

Page No.3 No.101/2018 registered at Police Station - Chakarbhatha, Civil & Revenue District - Bilaspur (C.G.) for the offence punishable under Sections 457 & 380 of the Indian Penal Code (for short 'IPC').

3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. After completion of investigation, charge-sheet has been filed. The case is triable by Judicial Magistrate First Class. Hence, it is prayed that they may be released on regular bail.

4. Learned counsel for the respondent/State opposes the applications and submissions made in this respect.

5. Heard both the parties and perused the case diary.

6. 29 gunny bags of rice about 2450 kg and 5 gunny bags of sugar about 250 kg was stolen from the Society. After lodging of FIR, the name of these applicants have appeared as the person, who have stolen and received the stolen property. Hence, this case.

7. Considered on all the facts present in the case diary and the trial is likely to take some time before its conclusion, for this reason, I am of this view that it is a fit case where the applicants should be enlarged on regular bail.

8. Accordingly, all the bail applications filed under Section 439 of Cr.P.C. are allowed. It is directed that both the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the trial Court concerned, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha

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