Chattisgarh High Court
Purushottam Rajput vs State Of Chhattisgarh on 12 May, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2898 of 2022
• Purushottam Rajput S/o Shri Vijay Rajput, Aged About 23 Years R/o
Behind Bhola Garage, Siddharth Chowk, New Subhash Nagar, Tikrapara,
Raipur, Tahsil & District Raipur, Chhattisgarh.
---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, Police Station
Tikrapara, Civil & Revenue District Raipur, Chhattisgarh.
---- Respondent
MCRC No. 3129 of 2022 • Yunus Khan S/o Ikhlakh Khan Aged About 20 Years R/o New Subhash Nagar, Sidharth Chowk, Tikrapara, Raipur, Chhattisgarh.
---- Applicant Versus • State of Chhattisgarh Through S.H.O, Police Station Tikrapara, Raipur District Raipur, Chhattisgarh.
---- Respondent For Applicant in MCRC No.2898/2022 :Mr. Rekhraj Baghel, Advocate. For Applicant in MCRC No.3129/2022 : Mr. Pushkar Sinha, Advocate. For State/Respondent : Mr. Ashish Gupta, P.L. Hon'ble Shri Justice Arvind Singh Chadel Order on Board 12/05/2022 2 Heard.
1. Since both the bail applications are arises out of same crime number, therefore, there are being deciding by this common order.
2. These are first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to both the applicants, who have been arrested on 14.03.2022 in connection with Crime No. 93/2022 registered at Police Station- Tikrapara, District Raipur (C.G.), for the offence punishable under Sections 380, 511, 427, 34 of the IPC.
3. As per prosecution story, on 06.02.2022, complainant namely Rupendra Kumar Sahu has made a written complaint at police station, alleging therein that some unknown persons were trying to theft amount from the ATM Machine. On the basis of complaint made by the complainant, F.I.R. has been registered and during the course of investigation, on the basis of information received from the informant, both the applicants were arrested on 14.03.2022.
4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. They further submits that the said incident has occurred on 01.02.2022 whereas the FIR has lodged after 5 days of the date of incident i.e. on 06.02.2022 against unknown persons, there is no any direct evidence available on record which shows that the applicants have committed the alleged offence, applicants are in jail since 14.03.2022, charge-sheet has been filed. Hence, it is prayed that both the applicants may be granted benefit of bail.
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5. Learned State Counsel however, opposes the prayer for bail applications.
6. Looking to the facts and circumstances of the case and particularly considering the fact that both the applicants are in jail since 14.03.2022, charge-sheet has been filed, without further commenting on other merits of the cases, I am inclined to release the applicants on bail.
7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed and it is directed that both the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs. 25,000/- each with one solvent surety in the like amount to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.
Sd/-
(Arvind Singh Chandel) Judge Vasant