Manoj Sharma & ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6713 of 2020

1. Manoj Sharma S/o Vidyadhara Sharma Aged About 50 Years, R/oBaniyapara Dhamtari, Police Station- Kotwali, District- Dhamtari, Chhattisgarh

2. Harishankar Gedam @ Raju S/o Late Kalyan Singh Aged About 36 Years R/o- Village- Achoud, Police Station- Ranchirai, DistrictBalod, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Sukma, District- Sukma, Chhattisgarh ---- Respondent For applicant - Shri Prafull N. Bharat and Shri Mayank Chandrakar, Advocates.

For Respondent/State - Smt. Richa Shukla, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 17/12/2020 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime 51/2020 registered in Police Station Sukma, District Sukma (C.G.) for offence punishable under Section 381, 120-B of Indian Penal Code and section 25 of Arms Act and 8(3) of Chhattisgarh Special Public Security Act, 2005. 2.

As per the prosecution case, on an interception made on 4/06/2020 huge arms and ammunitions were recovered from Manoj Sharma and Hari Shankar Gedam who used to supply them after receiving money from different persons to the naxalites.

3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case, offences are triable by JMFC, therefore the applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail.

5.

Considering the nature of evidence and the fact that the applicants were caught red handed with riffles and huge quantity of live catridges and no documents were produced, same was received in lieu of the money to supply to the naxalites, taking into nature of allegation, this court is not inclined to release the applicants on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri