Rupesh Mishra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 207 of 2017 Rupesh Mishra, S/o. Devendra Mishra, Aged About 24 Years, R/o. Amraiyya Para, Out Post Manikpur Korba, District Korba, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : Police Station Kartala, District Korba, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Pushpendra Kumar Patel, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.01.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.58/2016 registered at Police Station- Kartala, District Korba (C.G.) for the offence punishable under Section 395, 397, 34 of Indian Penal Code. 2.

As per the prosecution case, a report was made by one Ramlal Sahu on 30.08.2016 that on 28.08.2016 at about 12.30 am while he was going on his vehicle after loading cement to unload it near village Kotemar there was a brake down happened in the vehicle, at that time, while they were in the vehicle six persons came and demanded money which was refused and the complainant was assaulted and Rs.2200/- was looted alongwith the mobile. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the nature of allegation would show that because of some dispute, the allegations have been attributed

to this applicant. He further submits that the charge sheet has been filed and the similarly placed co-accused have been enlarged on bail by this Court on 04.10.2016 in MCRC No.6076 of 2016, on 29.11.2016 in MCRC No. 7560 of 2016 and on 06.12.2016 in MCRC No.7733; therefore, the present applicant may also be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he is not able to dispute the fact that the similarly placed co-accused have been enlarged on bail. 5.

Perused the case diary and the documents. Considering the fact that the charge sheet has been filed and the similarly placed coaccused have already been enlarged on bail, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok