Chattisgarh High Court
Amit Josh Morish vs State Of Chhattisgarh on 8 July, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4845 of 2022
Amit Josh Morish S/o Shri Archie Bold Morish Aged About 28
Years R/o Quarter No, 1- F, Street No. 31, Sector- 6, Bhilai Nagar,
Tahsil And District Durg Chhattisgarh
---- Petitioner
Versus
State Of Chhattisgarh Through Station House Officer Police
Station Khursipar, District Durg Chhattisgarh
---- Respondent
For Applicant Mr. Anil Tawadkar, Advocate For Respondent /State Ms. M. Asha, Panel Lawyer SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board 8/7/2022
1. Heard.
2. This is the fourth application of the applicant for grant of regular bail to the applicant, who has been arrested in connection with Crime No.293/2021 registered at Police Station Khursipar, District Durg (CG) for the offence punishable under Section 399 of the IPC and Section 25 of the Arms Act.
3. The first application of the application was dismissed on merits vide order dated 25.10.2021 passed in MCRC No.7813/2021. The second bail application of the applicant was dismissed as not pressed, vide order dated 21.12.2021 passed in MCRC No.10135 of 2021. The third bail application was also dismissed, as withdrawn, vide order dated 24.1.2022 passed in MCRC No.558 of 2022.
24. Case of the prosecution, in brief, is that on 12.7.2021 at about 20.55 hours, as per the information given by the informant, some accused persons have assembled in the house of Inder Singh @ Sanni @ Takli and they are in possession of pistol, knife and other weapons in order to commit the crime. The police after getting information conducted raid in the house and heard their conversation. The police entered the house and enquired from the accused persons wherein the accused persons informed that they have planned to commit dacoity in the house of one Seth. During search, the police seized one 7.65 mm pistol, 2 pieces of magazines, 8 live cartridges of 7.65 mm pistol from accused Amit Kumar; one pistol, 2 magazines, 6 live cartridges of 7.65 mm pistol from accused Inder Singh, one knife from accused Arbaj Siddiqui, a sharp cutter from accused Sumit Singh, 100 gram Chilly powder and steel rod from Rupesh Singh and an iron rod from the present applicant.
5. Learned counsel for the applicant submits that the applicant is in jail since 13.7.2021. He submits that the co-accused Indal Singh has been enlarged on bail vide order dated 11.5.2022 passed in MCRC No.1533 of 2022 and co-accused Amit Kumar Singh has been granted bail vide order dated 4.7.2022 passed in MCRC No.4760 of 2022 by the Coordinate Benches. He submits that the case of the present applicant is similar to the co- accused though from co-accused Indal Singh, a pistol was recovered and as per the prosecution story, from the present applicant, only one iron rod has been recovered. Hence, the applicant may be enlarged on bail.
6. On the other hand, learned counsel for the State opposes the bail application.
7. Having considered the submissions of learned counsel for the parties, particularly considering that the charge sheet has already been filed and also considering that the other co- accused persons have been enlarged on bail by the Coordinate Benches of this Court and the case of the present applicants is 3 similar to that of the other co-accused, this Court is inclined to release the applicant on regular bail.
8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties in the like amount to the satisfaction of the trial Court. Along with the bail bonds, copies of the Aadhar Card and coloured Post Card full size photo shall also be submitted by the applicant as well as by the surety, which shall be duly verified by the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
9. Certified copy as per rules. Sd/-
( Deepak Kumar Tiwari) Judge Shyna