Chattisgarh High Court
Tikeshwar Singh @ Bittu Thakur vs State Of Chhattisgarh on 8 February, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 207 of 2022
Tikeshwar Singh @ Bittu Thakur, S/o Jagmohan Singh, aged about 33
Years, R/o Amraiyapara, Police Chowki, Manikpur, Police Station
Kotwali, District Korba, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through Police Chowki, C.S.E.B., Police
Station Kotwali, Korba, Chhattisgarh.
----Non-applicant
For Applicant Shri Dashrath Kushwaha, Advocate.
For State Shri Priyanshu Gupta, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya
Order on Board
08/02/2022
1.Earlier the applicant had filed bail applications i.e. MCRC No.3899 of 2021 and MCRC No.1093 of 2021 which was dismissed as withdrawn by this Court vide orders dated 09.07.2021 & 18.03.2021 respectively.
2. The applicant has preferred this third bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.1068/2020 registered at Police Chowki- CSEB, Police Station, Kotwali, Korba, C.G. for the offence punishable under Sections 364, 386 read with Section 120-B/34 of Indian Penal Code.
3. Case of the prosecution, in brief, is that the present applicant along with other four co-accused persons kidnapped the victim namely Latif Khan and extortion money to the tune of Rs.2,10,000/- was demanded by them and on the basis of report lodged by the complainant, offence 2 under the aforesaid Sections were registered against the applicant and other four co-accused persons.
4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He submits that applicant has not committed any offence as alleged against him. The applicant is in jail since 16.01.2021, due to COVID-19 pandemic conclusion of trial is likely to take some time and that co-accused namely- Abhay Singh has already been granted regular bail by this Court vide order dated 18.03.2021 in MCRC No.335 of 2021 and co-accused namely Zeba Khatun has already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 22.07.2021 in MCRCA No.602 of 2021, therefore, the applicant be released on bail on the ground of parity.
5. On the other hand, learned counsel for the State opposes the bail application.
6. Heard learned counsel for the parties.
7. Considering the facts and circumstances of the case, the main allegation of kidnapping the victim Latif Khan by scooty, demanding money for his release and keeping him in confinement is against the applicant Tikeshwar Singh @ Bittu Thakur, his case being distinguishable on facts from the co-accused persons namely- Abhay Singh, who has been granted regular bail by this Court and Zeba Khatun, who has been granted anticipatory bail by the Co-ordinate Bench of this Court as the applicant was actively involved in kidnapping the victim, demanding money and keeping him in confinement and the other material available with the case diary, 3 without commenting anything on merits of the case, I am not inclined to release the applicant on bail. Accordingly, the bail application is rejected. However, considering the detention period of the applicant, the trial Court is directed to expedite the trial and conclude the same as early as possible.
Sd/-
Gautam Chourdiya Judge Akhilesh