Sibal Sai v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5900 of 2015 Sibal Sai S/o Late Guruwaru Ram Baiga Aged About 42 Years R/o Village Challha, P.S. Dharamjaigarh, Distt. Raigarh, Civil & Revenue Distt. Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Kamleshwarpur, Distt. Sarguja, Chhattisgarh.

---- Respondent For applicant - Shri C.J.K. Rao, Advocate.

For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 16/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 15/2015 registered in Police Station Kamleshwarpur, District Sarguja (C.G.) for offence punishable under section 395, 397, 398, 120-B of IPC, 25, 27 of Arms Act and Section 66-C of I.T. Act.

2.

As per the prosecution case on 17/03/2015 applicant along with the other co-accused committed dacoity in the Central Bank of India, Narmadapur Branch and looted amount more than Rs.19 lakhs. Thereafter, on report being made the applicant was arrested along with the other co-accused.

3.

Learned counsel for the applicant submits that the applicant is

arrested only on the memorandum statement of the co-accused Vinod Kumar and there is no test identification parade has been done and therefore there is no evidence against the applicant and he may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail and submits that on the memorandum of Ramgopal Verma applicant has been arrested and one mobile phone has been seized from the possession of the applicant.

5.

Having considered the case diary and the evidence available and the nature of offence and further taking into fact the evidence is still to be led before the court below wherein identification can be a matter of issue, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri