← Library
High Court Of ChhattisgarhMCRC/4530/2019rejected

Vikram Saket v. State Of Chhattisgarh

2019-08-20Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4530 of 2019 Vikram Saket S/o Narmada Prasad Saket Aged About 20 Years R/o Village Kachni, P.S.- Nawanagar, District- Singrauli, Madhya Pradesh., District : Singhrouli, Madhya Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Ambikapur, District- Sarguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh. ---- Respondent For the Applicant :

Ms. Sageeta Soni, Advocate For the State :

Shri Ravi Maheshwari, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /08/2019

1. This is the second bail application under Section 439 of the CrPC. Earlier first bail application was dismissed as withdrawn by this Court on 14/03/2019 in MCRC No.1512 of 2019 considering the prima facie case against him.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No. 512/2018 registered at Police Station Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 398, 395, 323 of IPC and Section 25, 27 of Arms Act.

3. Case of the prosecution, in brief is that on 07/10/2018 about 11.50 p.m. complainant Vikram Pratap Singh was going to safeguard room by motorcycle, after collecting Rs.4,85,180/- from the foreign liquor shop Boripara. On the way three unknown masked persons stopped him, one person gave blow, another person get down him from the motorcycle and third person pointed the pistol on his chest and gave threats to kill. Two persons robbed one bag from him containing Rs.4,85,100/- and one purse containing Rs.900/-, some documents, his motorcycle

bearing registration number C.G. 15 D.D. 7697. On the memorandum of applicant Rs.1,15,000/-, one motorcycle bearing same registration number were seized from him.

4. Learned counsel for the applicant submitted that charge-sheet has been filed, other co-accused have been released on bail by this Court, thus applicant may also be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. The case of applicant is totally different from the co-accused Aftab Shekh and Santosh Kumar Sah who have been released on bail by this Court. On the memorandum of applicant one motorcycle bearing same registration number was seized from him which was robbed from complainant Vikram Pratap Singh. The role of applicant is more severe than those co-accused which have already been enlarged on bail by this Court.

7. There is no change in the circumstances which may entitle the applicant to release on bail in second round of litigation. Consequently, second bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde