Hemraj @ Sunny Nimje v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7116 of 2021 • Akshaypuri Goswami S/o Prakash Giri Aged About 32 Years R/o Village Dumardihkala, Khaprikhurd, Police Station Thelkadih, Tehsil And District Rajnandgaon Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The Police Station Thelkadih, District- Rajnandgaon Chhattisgarh.
---- Respondent MCRC No. 7120 of 2021 • Hemraj @ Sunny Nimje S/o Shri Daulat Ram Nimje, Aged About 25 Years, R/o Shantinagar, Ward No. 06, Thana Police Chowki Chikhli, Tahsil and District Rajnandgaon, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through Station House OfÏcer, Police Station Thelkadih, District Rajnandgaon Chhattisgarh. ---- Respondent MCRC No. 7133 of 2021 • Roshanpuri Goswami S/o Suresh Puri Aged About 22 Years R/o Ward No. 02, Mohabbat Para, Thelkadih, Police StationThelkadih, District- Rajnandgaon, Chhattisgarh • Narsingh Verma S/o Salik Ram Verma Aged About 24 Years R/o Ward No. 02, Mohabbat Para, Thelkadih, Police StationThelkadih, District- Rajnandgaon, Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh Through The Police Station- Thelkadih, District- Rajnandgaon, Chhattisgarh.
---- Respondent MCRC No. 7662 of 2021 • Pappu Kuldeep S/o Mohabbat Kuldeep, Aged About 21 Years, R/o Ward No. 2, Mohabbatpara, Thelkadih, Police Station Thelkadih, Tahsil And District Rajnandgaon, Chhattisgarh, ---- Applicant
Versus
• State Of Chhattisgarh Through Station House OfÏcer, Police Station Thelkadih, District Rajnandgaon Chhattisgarh. ---- Respondent
MCRC No. 7790 of 2021 • Sushil @ Suman S/o Rajkumar Sahu, Aged About 18 Years R/o Village Thelkadih, Police Station Thelkadih, Tehsil Khairagarh, District Rajnandgaon Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh, Through The Police Station Thelkadih, District - Rajnandgaon Chhattisgarh.
---- Respondent Mr. B. P. Singh, Mr. Abhishek Sharma, Mr. S.S. Baghel, counsel for the Respective Applicants.
Mr. Sameer Sharma, Dy. G.A., Mr. Anurag Verma, PL and Mr. Ravi Maheshwari, PL for the State.
Hon'ble Smt. Justice Rajani Dubey Order on Board 26.10.2021
1. The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 14/2021 registered at Police Station - Thelkadih, District Rajnandgaon (C.G.) for the offence punishable under Section 379, 34 of the IPC.
2. As per the prosecution case, complainant Tuman Verma lodged a report stating therein that someone has stolen various agricultural articles belonging to him, which were kept in front of his house. Based on that, during investigation, applicants have been arrested and the aforesaid offence has been registered against them.
3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. It is further submitted that the applicants Akshaypuri Goswami, Hemraj @ Sunny Nimje, Roshanpuri Goswami & Narsingh Verma are in jail since 04.07.2021 and applicants Pappu Kuldeep & Sushil @ Suman are in jail since19.07.2021. As
the offence is triable by Judicial Magistrate First Class and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, the applicants may be granted bail.
4. On the other hand, counsel for the State strongly opposes the bail applications.
5. I have heard learned counsel for the parties.
6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail applications are allowed.
7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.
Sd/- (Rajani Dubey) Judge V/-