Tikeshwar @ Tike Sanwara & Another v. State Of Chhattisgarh

MCRC No. 8345 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8345 of 2020

1. Tikeshwar @ Tike Sanwara S/o Lachchhiram Sanwara, Aged About 25 Years Caste Sanwara, Occupation Agriculturist Labour, R/o Village Bhukta, P.S. Ambabhauna, Tahsil Bhathali District Bargarh (Odissa) Wrongly Mentioned As C.G.

2. Sunil Patikar @ Chanti, S/o Panda Patikar, Aged About 24 Years Caste Baitra, Occupation Agriculturist Labour, R/o Village Bhukta, P.S. Ambabhauna, Tahsil Bhathali District Bargarh (Odissa) Wrongly Mentioned As C.G.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate Raigarh And Station House Officer, P.S. Sariya, District Raigarh Chhattisgarh (Wrongly Mentioned As Odissa In The Impugned Order Of The Learned Court Below) ---- Non-Applicant For Applicant : Shri M.K. Jaiswal, Advocate.

For Non-Applicant : Shri Ayaz Naved and Shri Alok Nigam, GA. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/02/2021 :-

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.99/2020 registered in Police Station Sariya, District Raigarh for offence under Section 392/34 of the IPC.

2. Considering the previous antecedents of applicant No.1 - Tikeshwear @ Tike Sanweara, learned counsel for the applicant seeks permission of the Court to withdraw the bail application in respect of applicant No.1 Tikeshwar @ Tike Sanwara with liberty to revive at an appropriate stage.

MCRC No. 8345 of 2020

3. Accordingly, the bail application in respect of applicant No.1 Tikeshwar @ Tike Sanwara is dismissed as withdrawn with liberty aforesaid.

4. Both the applicants have committed loot of Rs.14,000/- and a mobile set on the point of knife from the complainant Manoj Kumar Sahu at about 7.30 pm on 14.7.2020.

5. Although the allegations against the applicant No.2 Sunil Partikar @ Chanti and applicant No.1 Tikeshwar @ Tike Sanwara are similar, but considering that the applicant No.2 Sunil Patikar is the first offender and the offences are triable by the Judicial Magistrate First Class and the charge sheet has already been filed, I am inclined to release the applicant No.2 Sunil Patikar @ Chanti on bail.

6. Accordingly, the application in respect of applicant No.2 Sunil Patikar @ Chanti is allowed and he is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve