Santosh Jaiswal v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7155 of 2018 • Santosh Jaiswal S/o Rambilas Jaiswal Aged About 24 Years R/o Village Silouta, Police Station Pratappur, District - Surajpur, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Thana Incharge Ramanujganj, District - Balrampur-Ramanujganj (CG) ---- Non-Applicant For Applicant : Shri Jitendra Shrivastava, Advocate.
For Non-Applicant : Shri Anand Dadriya, Deputy GA. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/11/2018 :
1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.21/2013, registered in Police Station Ramanujganj, District Balrampur-Ramanujganj for offence under Sections 394 and 395 of the IPC.
2. Complainant Majhar Ali and his friend Abdul were travelling from Rooppur to Mahabirganj on a motorcycle in the intervening night of 6/7-02-2013. On the way, the accused persons who were boarded in a Scorpio four wheeler were chasing the complainant and when they reached near village Mangli, these accused persons restrained them and demanded money. On refusal, the said complainant and friend were assaulted by club. In the FIR, the complainant has described appearance of some of the accused persons, however, in the first case
diary statement recorded in the night of 07/02/2013, just after lodging the FIR, the accused persons were not named. The complainant named the accused persons including co-accused Arvind Gupta for the first time in his second case diary statement recorded on 08/02/2013.
3. Indisputably, co-accused Ganga Gupta, Sanjay Kumar, Vinay Gupta, Rajesh, Arvind Gupta, Dr. Viplav Viswas and 2 more accused persons have already been released on bail in MCrC Nos.1797, 1798, 1800, 1801, 1802 and 1159 of 2013 respectively.
4. Considering the entirety of the circumstances, this Court is inclined to release the applicant on bail.
5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
Sd/- Judge (Prashant Kumar Mishra) Barve