Chattisgarh High Court
Sadabrij Paradhi vs State Of Chhattisgarh on 21 July, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.4787 of 2022
• Sadabrij Paradhi, S/o Late Shri Rup Singh Paradhi, Aged About 42
Years, R/o Village Jalso, P.S. Nevra (Tilda), District Raipur (C.G.)
---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, P.S. Arang,
District- Raipur (C.G.)
---- Respondent
For Applicant Mr. P. K. Patel, Advocate
For Respondent Mr. A. S. Chouhan, PL
Hon'ble Justice Smt. Rajani Dubey
Order On Board
21/07/2022
1. The applicant has preferred this second bail application under Section 439 of Cr.P.C., as he has been arrested in connection with Crime No.368/2020, registered at Police Station Arang, District Raipur (C.G.) for the offence punishable under Sections 395, 459 & 380 read with Section 34 of IPC.
2. The first bail application of the applicant was dismissed on merits vide order dated 12.02.2021 in MCRC No.8066/2020.
3. The prosecution story, in brief, is that the complainant lodged a written report alleging that during the intervening night of 13.08.2020, theft of Rs.6,80,000/- was committed from the locker of liquor shop by some unknown persons, thereafter a case was registered against some unknown persons and after investigation, the applicant was arrested for the aforesaid offences.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The complainant himself has not supported the case of the prosecution before the Trial Court and turned hostile. The co-accused persons namely Vinod Kumar Dahariya, Dev Prasad Paradhi @ Deva Paradhi and Vijay Manhare have already been granted regular bail by the Coordinate Bench of this Court vide order dated 02.05.2022 in MCRC Nos.3734 & 641 of 2022, respectively. He further submits that the applicant is in jail since 22.10.2020 and there is no likelihood of his case being decided in near future. Therefore, the present applicant may be released on bail.
5. On the other hand, learned State counsel opposes the bail application.
6. I have heard learned counsel for the parties and perused the case diary.
7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering that the complainant himself has not supported the case of the prosecution and turned hostile, co-accused persons have already been granted regular bail by the Coordinate Bench, applicant is in jail since 22.10.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on regular bail.
8. Accordingly, the bail application is allowed. The applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one local surety in the like sum to the satisfaction of the Trial Court for his appearance before the said Court.
Sd/-
Rajani Dubey Judge Nirala