Brijbhushan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1271 of 2020
1. Brijbhushan S/o Darasram Aged About 24 Years R/o Village Patharia Bilaigarh, Police Station Bilaigarh, District Balodabazar Bhatapara Chhattisgarh.
---- Applicant
Versus
1. State Of Chhattisgarh Through Police Station Bilaigarh District Balodabazaar Bhatapara Chhattisgarh. ---- Respondent MCRCA No. 1340 of 2020
1. Brijbhushan S/o Darasram Aged About 24 Years R/o Village Patharia Bilaigarh, Police Station Bilaigarh, District Balodabazar Bhatapara Chhattisgarh.
---- Applicant
Versus
1. State Of Chhattisgarh Through Police Station Bilaigarh District Balodabazaar Bhatapara Chhattisgarh. ---- Respondent MCRCA No. 1274 of 2020
1. Brijbhushan S/o Darasram Aged About 24 Years R/o Village Patharia Bilaigarh, Police Station Bilaigarh, District Balodabazar Bhatapara Chhattisgarh ---- Applicant
Versus
1. State Of Chhattisgarh Through Police Station Bilaigarh District Balodabazaar Bhatapara Chhattisgarh ---- Respondent
For Applicant Mr. Anchal Kumar Matre, Advocate For Respondent /State Mr. H.S. Ahulwalia, Dy. Adv. General Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 9/12/2020
1. Since all the applications filed by the same applicant - Brijbhushan they are being considered and decided by this common order.
2. The applicant has preferred these applications for grant of anticipatory bail, as he apprehends his arrest in connection with Crime Nos.124/2020, 130/2020 & 129/2020 all registered at Police Station Bilaigarh, District Baloda BazarBhatapara, for offence punishable under Section 379 read with Section 34 of the Indian Penal Code.
3. Allegation against the present applicant in all the three cases is that he along with co-accused Rakesh Soni has committed theft of motor pump and cable wire from the farm house of three different persons.
4. Admittedly, the co-accused Rakesh Soni has already been arrested and the motor pump and cable wire have been recovered from him.
5. Since the stolen property has already been recovered in all the cases there does not appear to be necessity of custodial interrogation of the applicant. The motor pump was valued at Rs.5,000/- in each of the case, therefore, considering all
relevant aspects of the matter, this Court is inclined to release the applicant on anticipatory bail.
6. Accordingly, all the applications are allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer, in respect of each crime, with the following conditions:- (a) he shall make himself available for interrogation by a police officer as and when required;
(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
(c) he shall not influence the witnesses during pendency of the trial.
Sd/- (Prashant Kumar Mishra) Judge Gowri