Durgesh Dhiwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8019 of 2020 • Ramsudhir @ Shubham S/o Vyasnarayan Dhiwar Aged About 18 Years (Wrongly Mentioned Aged 23 Years In Ordersheet) R/o Village And Police Station Seepat District Bilaspur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Seepat District And Revenue District Bilaspur Chhattisgarh ---- Respondent MCRC No. 8884 of 2020 • Durgesh Dhiwar S/o Ramgopal Dhiwar Aged About 24 Years R/o Village Nevsa, P. S. Sipat, Tahsil And District Bilaspur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, P. S. Sipat, District Bilaspur Chhattisgarh ---- Respondent For Applicants Mr. Rajkumar Gupta and Mr. Nitansh Kumar Jaiswal, Advocates For Respondent /State Mr. Ayaz Naved, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 4/2/2021

1. Heard.

2. These are the two applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.208/2020 registered at Police Station Seepat, District and Revenue District Bilaspur (CG) for the offence punishable under Sections 395, 397, 34 of the IPC.

3. At about 8:15 pm, on 1.5.2020, six accused persons, out of whom, two are juveniles, looted four persons at Village Seepat, District Bilaspur. In the present case, the accused persons have looted mobile phone belonging to victim Ramlal Patel. The mobile phone has been recovered form co-accused Akash Vijay, whereas, motorcycle and Rs.100 have been recovered from applicant Ramsudhir @ Shubham.

4. Co-accused Rameshwar Prasad Dheewar has already been released on regular bail by a Coordinate Bench of this Court vide order dated 3.9.2020 passed in MCRC No.4909/2020. It is informed that co-accused Akash Vijay, from whom mobile phone was recovered, has also been released on regular bail by the trial Court.

5. Considering that the present applicants are in jail since 4.5.2020; the charge sheet has already been filed and in another Crime No.202/2020, they have already been released on regular bail by this Court in MCRC Nos.7847/2020 and 8499/2020, I am inclined to release the applicants on regular bail.

6. Accordingly, the bail applications are allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in 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.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna