Nupesh Kumar Thakur & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6986 of 2019 • Janak Sahu & Anr. S/o Jageshwar Sahu Aged About 29 Years R/o Village Arajpuri, Police Station Mangchuwa, Tehsil Dondi Lohara District - Balod Chhattisgarh.
• Santosh Sahu S/o Dharam Singh Sahu Aged About 34 Years R/o Village Arajpuri, Police Station Mangchuwa, Tehsil Dondi Lohara District - Balod Chhattisgarh.
---- Applicants
Versus
• State Of Chhattisgarh Through The Police Station Mohla, District - Rajnandgaon Chhattisgarh.
---- Respondent MCRC No. 7938 of 2019
1. Nupesh Kumar Thakur & Ors. S/o Kirtan Halba Aged About 23 Years R/o Village Arajpuri, Police Station Mangchua, District Balod Chhattisgarh.
2. Teman Lal @ Peman Lal S/o Sher Singh Aged About 29 Years R/o Village Arajpuri, Police Station Mangchua, District Balod Chhattisgarh.
3. Dheeraj Das S/o Chagan Lal Aged About 29 Years R/o Village Arajpuri, Police Station Mangchua, District Balod Chhattisgarh.,
4. Nathuram S/o Bharsingh Alendra Aged About 26 Years R/o Village Jhinkatola, Tahsil Dondilohara, District Balod Chhattisgarh.
---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Mohala, District Rajnandgaon Chhattisgarh. ---- Respondent For Applicants : Shri S.S.Baghel and Shri Shashank Thakur, counsels for the applicants For Respondent/State : Shri Akhtar Hussain, PL
Hon'ble Smt. Justice Rajani Dubey Order On Board 16/12/2019 As both these M.Cr.Cs. arise out of the same crime number, they are being disposed of by this common order. The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 129/2019 registered at police station Mohla, District Rajnandgaon (CG) for the offence punishable under Sections 420, 34 IPC.
Case of the prosecution in brief is that a complaint was lodged by the complainant alleging that the applicants after impersonating themselves as government officials collected money from the villagers by verifying their Aadhar Cards and Ration Cards. Counsels for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. They submit that the applicants are in jail since 48.10.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are
allowed.
It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 25,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna