Ishwar Dhruw And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7006 of 2016

1. Ishwar Dhruw S/o Bhaiya Lal Dhruw, Aged About 35 Years R/o Village Harin Bhattha, Near Saraswati Chowk, Police Station - Simga, District Balodabazar, At Present Resident Of Birgaon Durga Nagar, Near Thakur, Kirana Shop, Police Station Urla, District Raipur Chhattisgarh

2. Rajesh Sisodiya, S/o Jahar Singh Sisodiya, Aged About 35 Years R/o Siltara, Durga Mandir, Near Jagjhala, Police Station - Dharsinwa, District Raipur Chhattisgarh At Present Santoshi Nagar Chourasiya Colony, Near Navrang Public School, Police Station - Tikrapara, District - Raipur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - D. D. Nagar, Raipur District Raipur Chhattisgarh ---- Respondent For applicants - Shri L.C. Dash, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 9/11/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.195/2016 registered in Police Station D.D. Nagar, Raipur, District Raipur (CG) for offence punishable under sections 457, 419, 420, 392 of Indian Penal Code. 2.

As per the prosecution case, the applicants alongwith other coaccused on 2/08/2016 went to the house of the complainant Smt. Ramli Bai Netam and stated that they are from the crime branch and wanted to raid the house at about 12 O'clock in the night. Despite refusal they forcefully entered into the house and opened the suit case and took away the gold & silver ornaments & cash and also threatened that in case report is made, she would suffer the dire consequences. Subsequently, the report was made on 11/08/2016.

3.

Learned counsel for the applicants submits that the applicants have

been falsely implicated in the case, charge sheet has been filed, offences are triable by JMFC, 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. Considering the fact that first bail application of the similarly placed co-accused Surendra Sahu has been dismissed by this court on 26/09/2016 vide M.Cr.C. No.5790 of 2016 and also considering the facts and circumstances of the case and recovery made from the applicants, this court is not inclined to release the applicants on bail.

6.

Accordingly, the bail application is dismissed. However, liberty is reserved in favour of the applicants to repeat the bail application after examination of the complainant.

Sd/- (Goutam Bhaduri) JUDGE gouri