Chattisgarh High Court
Janakram vs State Of Chhattisgarh on 7 November, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8330 of 2022
Janakram S/o Harvansh, aged about 45 years, R/o Bagdabri, PS
and Tahsil Baloda, Distt. Janjgir-Champa (CG)
---- Applicant
In Jail
Versus
State Of Chhattisgarh Through Station House Officer, Police
Station Sipat, Distt. Bilaspur (CG)
MCRC No. 8385 of 2022
Ramesh Kumar, S/o Shiv Kumar aged about 33 years, R/o
Village-Hindadih, PS Sipat, Distt. Bilaspur (CG)
---- Applicant
In Jail
Versus
State Of Chhattisgarh Through Station House Officer, Police
Station Sipat, Distt. Bilaspur (CG)
---- Respondent
For Applicants : Mr. SK Verma, Advocate.
For Respondent/State : Mr. Roshan Dubey, Panel Lawyer.
Hon'ble Smt. Justice Rajani Dubey
Order On Board
07/11/2022
Since both these second bail applications under Section 439 of CrPC for grant of regular bail arise out of Istagasa No.04/2022 registered at Police Station-Sipat, Distt. Bilaspur (CG) for the offence punishable under Section 41(1-4) of CrPC and Sections 379, 411 of IPC, they are being disposed of by this common order. The first bail applications being MCRC Nos.6747/2022 and 6629/2022 were dismissed as withdrawn with liberty to file afresh after filing of charge sheet vide order dated 29.8.2022.
02. Allegation against the present applicants is that they along with other co-accused persons committed theft of diesel from different vehicles.
03. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the crime in question merely on the basis of suspicion. The applicants are in jail since 24.6.2022 and 25.6.2022 respectively; co-accused persons have already been released on bail by this Court; charge sheet has already been filed and conclusion of the trial is likely to take some time. Therefore, the applicants may be released on bail.
04. On the other hand, learned counsel for the State opposes the bail applications.
05. I have heard learned counsel for the parties and perused the case diary.
06. Considering the facts and circumstances of the case, the nature of allegations against the applicants, in particular the detention peroid of the applicants; co-accused persons have been released on bail; charge sheet has already been filed and that conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicants on bail. Accordingly, the bail applications are allowed.
07. It is directed that the applicants shall be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed, till final disposal of the trial.
Sd/.
(Rajani Dubey) Judge Khan