Chitranjan Bag And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Proceedings through Video Conferencing MCRC No. 9358 of 2020
1. Chitranjan Bag S/o Haripad Bag Aged About 65 Years Shyam Sundarpur, PS- Daspur, Distt.- West Medinipur, West Bengal
2. Aardh Jana S/o Beghnath Jana Aged About 20 Years 309/c, Bhavesh Apartment Pro. Housing Society Navghar Society, Navgarh Road, 308/K, Thame, Maharastra, Current Add. Hajrabed, PS. Daspur, Distt. West Medinipur, West Bangal.
---- Applicants
Versus
• State Of Chhattisgarh PS- Bilaigarh, District- Balodabazar, Chhattisgarh ---- Respondent AND MCRC No. 9506 of 2020 • Malay @ Rahul Bag (Wrongly Mentioned As Mahay In Order Sheet) S/o Chitranjan Bag Aged About 33 Years R/o Shyam Sundarpur, P.S. Daspur, District West Medinipur, West Bengal.
---- Applicant
Versus
• State Of Chhattisgarh P.S Bilaigarh, District Balodabazar Chhattisgarh.
---- Respondent ---------------------------------------------------------------------------------------- For Applicants : Ms. Supriya Upasane, Advocate For respondent/State : Shri Siddharth Dubey, Dy. Govt.
Advocate ---------------------------------------------------------------------------------------- Hon'ble Shri Justice NK Chandravanshi Order On Board
10.5.2021.
1.
Since both the aforesaid bail applications arise out of same crime number, they are heard analogously and are being disposed of by this common order.
2.
These are first bail applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 29.11.2020 (applicants Chitranjan Bag and Aardh Jana) and 30.11.2020 (applicant Malay @ Rahul Bag) in connection with Crime No.217/2020 registered at Police Station Bilaigarh, Distt. Baloda Bazar, Bhatapara (C.G.), for the offence punishable under Sections 342, 386, 387, 364A and 120B of the Indian Penal Code.
3.
Case of the prosecution, in brief, is that on 29.11.2020 complainant Kaushalya Bai lodged a report stating that her husband Shiv Narayan Rakesh went to Mednipur, West Bengal for training related to Share Market on 23.11.2020. On 26.11.2020, she received a phone call that her husband has been wrongfully restrained for ransom money. On the basis of her report, aforesaid crime was registered against present applicants at Police Station Bilaigarh, Distt. Baloda Bazar-Bhatapara. 4.
Learned counsel for the applicants submits that the applicants and husband of the complainant are well known to each other and there was some dispute among them regarding transaction of share money. Therefore, they have been falsely implicated on the ground that they have wrongfully restrained the
husband of the complainant for ransom amount. She further submits that applicant Chitranjan Bag is an old aged person with 65 years of age and applicant Aardh Jana is a student pursuing his studies and there is no criminal antecedent against them. 5.
On the contrary, learned State counsel opposes the application for grant of bail.
6.
Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention and also considering the fact that the trial will take considerable time for its conclusion and charge sheet has already been filed, there is no criminal antecedent reported against the applicants, without further commenting on merits of the case, I am inclined to release the applicants on bail.
7.
Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed and it is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs. 25,000/- with one local surety each in the like amount to the satisfaction of the concerned trial Court. They shall appear before the trial court regularly on each and every date as per direction, unless exempted from appearance.
Certified copy as per rules.
Sd/- (NK Chandravanshi) VACATION JUDGE Bini