Santosh Yadav And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5967 of 2016

1. Santosh Yadav S/o Dashrath Yadav, Aged About 30 Years,

2. Raju Chachane S/o Heeralal Chachane Aged About 30 Years, Both R/o Ganesh Nagar, Chuchuhiyapara, Police Station Sirgitti, Tahsil And District Bilaspur, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Police Station Torwa, District Bilaspur, Chhattisgarh.

----Respondent For applicants - Shri Krishna Kumar Khatri, Advocate. For Respondent/State - Shri Neeraj Sharma, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 3/10/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.180/2016 registered in Police Station Torwa, Bilaspur (C.G.) for offence punishable under section 394/34 of IPC.

2.

As per the prosecution case, on 21/06/2016 the complainant Triyogi Narayan Patel after alighting from the train at about 3.35 was going towards hotel, at that time three unknown persons came assaulted him by way of a rod and thereafter looted Rs.300/-, ATM card and other goods. 3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in the case, in fact there has been some dispute was going on in between auto rickshaw drivers and the complainant was assaulted by them and the applicants who were standing near by were arrested on the false allegation, therefore the applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. Considierng the

statement and the fact that the applicants have been identified by the complainant, the way the offence has been committed, this court is not inclined to release the applicants on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri