Lala Satanami v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 • Lala Satanami, aged about 19 years, S/o Goverdhan Shandilya, R/o Village Kosa, Thana Mulmulla, Tahsil Pamgarh, Distt. Janjgir Champa (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, JanjgirChampa (C.G.) ---- Non-applicant For Applicant:

Shri Parag Kotecha, Advocate.

For Respondent/State:

Shri Anupam Dubey, Deputy Govt.

Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 8 /0 9 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 213/2012 registered at Police Station Alaltara for offences punishable under Sections 379 & 411/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that from February, 2012 to July, 2012 applicant & other co-accused persons have stolen property owned by CCI, Akaltara and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in jail since 28.06.2015 and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State submits that the bail applications of similarly situated co-accused persons have been rejected by this Court in M.Cr.C. Nos. 4651/2015 & 4781/2015 and, therefore, the applicant is not entitled to be released on bail.

(5) Taking into consideration the facts & circumstances of the case; considering the fact that bail applications of similarly situated co-accused have been rejected by this Court and the other material collected by the prosecution; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-