High Court Of ChhattisgarhMCRC/7655/2020allowed

Abhishek Pandey v. State Of Chhattisgarh

2021-01-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7649 of 2020 and another NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7649 of 2020 • Akash @ Lalla @ Shashidhar Pandey S/o Bhrigunandan Pandey Aged About 35 Years R/o Baghima, Police Station Rajpur, District Balrampur Ramanujganj, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Rajpur, District Balrampur -Ramanujganj Chhattisgarh ---- Respondent MCRC No. 7655 of 2020 • Abhishek Pandey S/o Om Praksh Pandey Aged About 28 Years R/o Rajpur Bazar Para, Police Station Rajpur, District BalrampurRamanujganj, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Rajpur, District Balrampur, Ramajujganj, Chhattisgarh ---- Respondent For Applicants Mr. Hariom Rai, Advocate For Respondent /State Mr. Ashish Gupta, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 15/1/2021

1. Heard.

2. These are the two applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.168/2020 registered at Police Station Rajpur, District

MCRC No. 7649 of 2020 and another Balrampur- Ramanujganj (CG) for the offence punishable under Sections 379, 34 of the IPC.

3. The applicants have been arrested on allegation that when complainant Rehmuddin Ansari withdrew Rs.50,000/- from the State Bank of India, Rajpur and had kept it in a plastic bag in the dickey of his motorcycle, the accused persons committed theft of the amount.

4. Although the State Counsel would report the previous criminal antecedents of the applicants, but none of them involves commission of theft and otherwise also, the previous offences are not of committing any heinous crime.

5. Considering that the applicants are in jail since 6.9.2020 and the charge sheet has already been filed, this Court is inclined to release the applicants on regular bail.

6. Accordingly, the bail applications are allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each 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 Shyna