Kishor Koche v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3269 of 2017 Kishor Koche S/o Dilip Koche, Aged About 21 Years R/o New Amapara Ward 13, Police Station Mohan Nagar, Tahsil & District Durg, CG. ---- Applicant

Versus

State Of Chhattisgarh Through The S.H.O. Police Station Mohan Nagar, District Durg, Chhattisgarh.

---- Respondent For applicant Mr. Avinash Chandra Sahu, Adv.

For Respondent/State Mr. Vasim Miyan, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 25-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 19-2-2017 in connection with Crime No. 488/2017 registered in PS Mohan Nagar, Distt. Durg for offence punishable under Section 454, 380, 34 of the IPC.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the JMFC Durg as criminal case No. 1956/2017. He submits that police has filed supplementary charge sheet against 3 co-accused before Juvenile Justice Board, Durg. The applicant is falsely implicated. He is in jail since long. He may be enlarged on bail.

4. Per contra, learned State counsel opposes the bail application and submits that the property stolen was about more than 5.5 lacs and from the present applicant, on the basis of disclosure statement, ornament, cash, mobile worth Rs. 2,35,000/- is recovered. There is no explanation whether said article belongs to the applicant. Also earlier Crime No. 76/2017 under Section 454, 380 IPC has been registered

against him. Hence the instant MCRCA may be dismissed.

5. Perused the matter.

6. On due consideration of the evidence collected against the applicant and as one more criminal case has been registered against the applicant, I am not inclined to grant bail to the applicant.

7. MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak