Kishan Kumar Bhardwaj @ Sonu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8788 of 2018

1. Kishan Kumar Bhardwaj @ Sonu S/o Udayram Bhardwaj Aged About 25 Years R/o Village Khokhli, Police Bhatapara Gramin, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

2. Chandrabhan @ Nanda S/o Narayan Bahardwaj Aged About 25 Years (Wrongly Mentioned As Bharatdwaj In Order Sheet), R/o Village Khokhli, Police Bhatapara Gramin, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Sher Singh @ Jeevan Banjare S/o Tirath Banjare Aged About 28 Years R/o Village Medhki, Police Station Nandghat, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kabirdham, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicants : Mr. A.P. Sharma Advocate For Respondent : Mr. Ramakant Mishra, Dy. Advocate General -------------------------------------------------------------------------------------------------- Hon'ble Smt. Justice Vimla Singh Kapoor.

Order On Board 17/12/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicants who have been arrested in connection with Crime No. 49/2017 registered at Police Station Kabirdham District Kabirdham, (C.G.) for the offence punishable under Sections 413,414,420,467,468,471, 34 IPC.

2. As per prosecution case the accused/applicants herein with the connivance of other used to deal in the sell and purchase of motorcycle, which later on were seized from the persons who had purchased it, with the paper pertaining thereon.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the case and they are in jail since 12.01.2016 and the trial will take some time, therefore, they may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the facts and circumstances of the case and the fact that the applicants are in jail since 12.01.2016, I am inclined to release the applicants on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Vimla Singh Kapoor) V. Judge Santosh