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High Court Of ChhattisgarhMCRC/1732/2017dismissed

Anil@ Anya Piple v. State Of Chhattisgarh

2017-03-28Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1732 of 2017

1. Anil@ Anya Piple S/o Yuvraj Pipla, aged about 39 years, R/o Ashok Nagar Ward No. 4, Behind R.T.I. College, Police Station Shrirampur, District Ahmad Nagar, Maharashtra.

---- Applicant

Versus

1. State of Chhattisgarh Through Station House Officer, Police of Police Station City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh. ---- Non-applicant For Applicant - Shri Anil Gulati, Advocate.

For Non-applicant/State - Shri Neeraj Sharma, Deputy Govt. Advocate. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 28-03-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant was arrested on 14-08-2016 in Crime No.14/2008 under Section 395, 412 of the IPC. The charge sheet has been filed before the JMFC, Dhamtari, C.G. as Criminal Case No.1028/16. The applicant was not identified during the T.I.P. and as per the facts he received Rs.20,000/- only for his share which he consumed for his benefit, except this, there is no any evidence against the applicant. Hence, he may be enlarged on bail. 3.

Per contra, learned counsel for the non-applicant/State would submit that property worth Rs.3,14,000/- including cash and ornaments were looted in the year 2008. The applicant is also arrested in another matter as Crime No.183/2016 under Section 395, 412 of the IPC. 4.

After considering the entire material, evidence collected against the present applicant and looking to the heinousness of crime, I am not inclined to allow the instant MCRC of the present applicant.

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Consequently, the instant MCRC is hereby dismissed. Sd/- (Chandra Bhushan Bajpai) JUDGE Aadil