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High Court Of ChhattisgarhMCRC/6943/2020allowed

Akshay Singh Thakur v. State Of Chhattisgarh

2021-01-06Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6943 of 2020

1. Akshay Singh Thakur S/o Shri Deepak Thakur Aged About 23 Years Residence Of Mahaveer Chouk, Balaghat (M.P.), Present Jain Mandir Ke Paas, Malveey Road, Raipur, District- Raipur, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through, Thana Prabhari, Police Station City Kotwali Raipur, District- Raipur, Chhattisgarh ---- Respondent MCRC No. 6972 of 2020

1. Atif Khan S/o Hamid Khan Aged About 27 Years R/o Besides Dr. Salim, Baijnathpara Raipur, District Raipur Chhattisgarh. ---- Applicant

Versus

1. State Of Chhattisgarh Through Police Station City Kotwali, Raipur District Raipur Chhattisgarh.

---- Respondent For respective Mr. Vikas Pandey & Mr. D. Kushwaha, Applicants Advocates For Respondent /State Mr. Ravish Verma, Govt. Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 6/1/2021

1. Since both the bail applications are arising out of same crime number i.e. Cr.No.226/2020 they are being considered and decided by this common order.

2. The applicants have preferred these first bail applications under Section 439 of CrPC, as they are arrested in connection with crime

No.226/2020 registered at Police Station City Kotwali, Raipur, for the offence punishable under Sections 457 & 380 read with Section 34 of the Indian Penal Code.

3. Applicants have committed theft of ready made garments, credit card and other articles from the shop of the complainant namely; Rahul Kothari. At the same time the applicants have also committed theft in the beauty parlor of Smt. Naziya Ganj. From the clothes store clothes valued at Rs.2.00 lacs and credit card was stolen whereas from the beauty parlor different articles valued at Rs.2,11,500/- have been stolen.

4. Learned counsel for the State would oppose the bail applications, however, he would inform that the concerned SHO has not reported any previous antecedents of the applicants.

5. Considering the entire facts situation of the case, particularly considering the fact that the applicants are in detention since 7-9-2020; charge sheet has already been filed; as also for the reason that the offence is triable by JMFC, I am of the opinion that present is a fit case to release the applicants on regular bail.

6. Accordingly, both the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri