Aman Koshle v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7345 of 2021 Aman Koshle S/o Chandrahas Koshle Aged About 19 Years R/o Village Singhari, Police Station Ratanpur, District Bilaspur, Chhattisgarh.
Versus
State of Chhattisgarh through the Station House Officer, Police of Police Station Ratanpur, District Bilaspur, CG AND MCRC No. 7367 of 2021 Suraj Singh Son Of Indrlal Bhardwaj Aged About 20 Years R/o. VillageKorbabhaawar Ratanpur, P.S. Ratanpur, District Bilaspur, CG ---- Applicant
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State of Chhattisgarh through the Station House Officer, Police of Police Station Ratanpur, District Bilaspur, CG ---- Non-applicant AND MCRC No. 7370 of 2021 Naveen @ Tobo S/o Maniram Indua Aged About 19 Years R/o Village Korbabhaawar Ratanpur, P. S. Ratanpur, District Bilaspur CG ---- Applicant
Versus
State of Chhattisgarh through the Station House Officer, Police of Police Station Ratanpur, District Bilaspur, CG ---- Non-applicant For applicants Mr. Vivek Agrawal, Adv.
For non-applicant/State Mr. Amit Verma and Ms. Anjali Singi Chouhan, PL. Hon'ble Shri Justice N.K. Chandravanshi Order on Board 26-111. Since all above 3 bail applications arise out of the same crime number of same police station, they are being heard together and disposed of by this common order.
2. As per applicants, these are first bail applications under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no bail application is pending before any other court.
3. The applicants have been arrested in connection with Crime No. 129/2021 registered in police station Ratanpur, Distt. Bilaspur, (CG) for offence punishable under Section 457, 380, 34 of the IPC.
4. Brief facts of the case are that in the intervening night of 21st and 22nd of March, 2021, some unknown persons broke the lock of house of complainant and stolen one brass pot (Haula) and cash of Rs. 10,000/-. Complainant lodged present FIR under Section 457, 380, 34 of the IPC at PS Ratanpur against unknown persons. During the course of investigation, applicants were caught by the police and on
the basis of their memorandum statements, one brass pot (Haula) and an iron roller were seized from applicant Aman Kumar Koshle. Hence, the applicants were arrested on 12-4-2021.
5. Learned counsel for the applicants argued that the applicants have been falsely implicated in this case. They have not committed alleged crime. Police has caught the applicants and falsely recorded their memorandum statements and falsely arrayed them as accused in many cases. He also argued that the applicants are in jail since a long period. Charge sheet has been filed. They are permanent resident of Bilaspur district, hence there is no chance of their absconding. Therefore, they may be enlarged on bail.
6. On the other hand, the State Counsel opposed the bail application and submitted that 13 - 13 cases have been registered against applicants Suraj Singh and Aman Koshle and they are habitual offenders. Hence, bail applications be rejected.
7. I have heard counsel for both the parties and perused the case diary and the material available on record.
8. Considering the facts and circumstances of the case and material available on record, detention period of the applicants, they are said to be permanent resident of Bilaspur district, charge sheet has been filed, I feel inclined to allow the bail applications. Therefore, the applications are allowed. It is ordered that if each of the applicants furnishes one personal bond of Rs. 50,000/- along with two solvent sureties each of the like sum to the satisfaction of the trial Court concerned for their appearance before the concerned Court as and when directed by the said Court, they be released on bail. CC as per rules.
Sd/- (N.K. Chandravanshi) Judge Pathak