Gopal Sinha v. State Of Chhattisgarh

MCRC No. 8547 of 2020 & MCRC No. 9227 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8547 of 2020 Gopal Sinha S/o Jagatram Sinha Aged About 52 Years R/o Attharahgudi, P.S. And Tehsil Pithoura, District Mahasamund Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Pithoura, District Mahasamund Chhattisgarh.

---- Non-Applicant MCRC No. 9227 of 2020 Naman Sahu S/o Harilal Sahu, Aged About 45 Years R/o Housing Board Colony, Boriyakala, Police Station Mujgahan, District Raipur Chhattisgarh, ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Pithora, District Mahasamund Chhattisgarh ---- Non-Applicant For Applicants : Shri Awadh Tripathi and Shri R. Pradhan, Advocates. For Non-Applicant : Shri Ayaz Naved, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 24/02/2021 :

1. The aforesaid MCrCs are being disposed of by this common order as they arise out of Crime No.275/2020 registered in Police Station Pithoura, District Mahasamund for offence under Sections 120-B, 399 & 402 of the IPC and under Section 25 of the Arms Act.

MCRC No. 8547 of 2020 & MCRC No. 9227 of 2020

2. Out of 6 accused persons, 3 accused namely, Bansiram, Rishabh and Gufran Ali were found moving in a suspicious manner near Gurdwara at Pithouragaon at about 11.30 pm on 6.11.2020. On interrogation, these three persons informed the police that they along with Gurtej, Gopal and Naman have a plan to commit dacoity in the house of Bahur Singh. Club, pistol, knife etc. were recovered from the Swift Dezire Car in which the above 3 accused persons came to Pithoura.

3. Learned counsel for the applicants would submit that the applicants have no criminal antecedents and have been arrested only for the reason that they were moving in different town than the town of their residence. They would also submit that there is no independent witness who has seen them planning to commit dacoity.

4. On the other hand, learned State Counsel would oppose the prayer for grant of bail.

5. Considering the quality of evidence and for the fact that the applicants have no criminal antecedents, they are in jail since 7.11.2020 and the charge sheet has already been filed, I am inclined to release them on bail.

6. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Judge (Prashant Kumar Mishra) Barve