Chattisgarh High Court
Santosh Kumar Yadav vs State Of Chhattisgarh on 16 July, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2327 of 2021
Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years,
Occupation Agricultuist, R/o Village- Rampur, Thakurpara, Police
Station- Patna, Tahsil- Baikunthpur, District- Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through- the Station House Officer, Police
Station- Patna, District- Koriya, Chhattisgarh.
---Non-applicant
MCRC No. 2339 of 2021
Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years,
Occupation Agriculturist, R/o Village Rampur, Thakurpara, Police
Station Patna, Tahsil Baikunthpur, District Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through the Station House Officer, Police
Station Patna, District Koriya, Chhattisgarh.
----Non-applicant
MCRC No. 2667 of 2021
Surajdas Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation
Business and Labourer, R/o Village Chhindiya, Police Station Patna,
Tahsil Baikunthpur, District Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, the Station House Officer, Police Station Patna,
District Koriya, Chhattisgarh.
----Non-applicant
MCRC No. 2720 of 2021
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Surajdas Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation
Business and Labourer, R/o Village Chhindiya, Police Station Patna,
Tahsil Baikunthpur, District Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through the Station House Officer, Police
Station Patna, District Koriya, Chhattisgarh.
----Non-applicant
MCRC No. 3000 of 2021
Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 32 Years,
Resident of Village Rampur, P.S. Patna, Tehsil Baikunthpur, District
Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through the SHO P.S. Patna, District Koriya,
Chhattisgarh.
----Non-applicant
MCRC No. 3013 of 2021
Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, R/o
Rampur P. S. Patna, Tehsil Baikunthpur, District Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through the Station House Officer, P. S. Patna,
District Koriya, Chhattisgarh.
----Non-applicant
MCRC No. 3024 of 2021
Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years,
Resident of Village Rampur, P.S. Patna, Tehsil Baikunthpur, District-
Koriya, Chhattisgarh.
----Applicant
3
Versus
State of Chhattisgarh, Through the SHO P.S. Patna, District- Koriya
Chhattisgarh.
----Non-applicant
MCRC No. 3112 of 2021
Suraj Das Mahant, S/o Dilip Mahant, aged about 28 Years, R/o Village
Chindiya, Police Station Patna, Tehsil Baikunthpur, District Koriya,
Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through the SHO Police Station Patna, District
Koriya, Chhattisgarh.
----Non-applicant
MCRC No. 3940 of 2021
Santosh Kumar Yadav, S/o Bhagwat Yadav, aged about 30 Years, R/o
Village Rampur (Thakurpara), P.S. Patna, Tehsil Baikunthpur, District
Koriya, Chhattisgarh.
---Applicant
Versus
State Of Chhattisgarh Through The Sho P.S. Patna, District Koriya
Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh.
---Non-applicant
MCRC No. 4030 of 2021
Suraj Das Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation
Business and Labour, R/o Village Chindiya, Police Station Patna,
Tehsil Baikunthpur, District Koriya, Chhattisgarh.
----Applicant
Versus
State of Chhattisgarh, Through the SHO Police Station Patna, District
Koriya, Chhattisgarh.
4
----Non-applicant
MCRC No. 4916 of 2021
Suraj Das Mahant, S/o Dilip Mahant, aged about 28 Years, Occupation
Business and Labour, Resident of Village Chindiya, P.S. Patna, Tehsil
Baikunthpur, District Koriya, (Chhattisgarh).
---Applicant
Versus
State of Chhattisgarh, Through the SHO, P.S. Patna, District Koriya,
(Chhattisgarh).
----Non-applicant
For Applicants Shri Vijay Kumar Sahu, Advocate.
For State Shri Rahim Ubwani, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya
Order on Board
16/07/2021
1.All the aforesaid bail applications filed under Section 439 of Cr.P.C.
are being disposed of by this common order.
Applicants Crime Nos. and Offence under In jail
Police Station Sections since
Santosh Kumar Crime No.01/2021, Section 41 (1-4) of 24.02.2021
Yadav Police Station Patna, Criminal Procedure
District Koriya, C.G. Code/379 of Indian Penal Code Santosh Kumar Crime No.05/2021, Section 41 (1-4) of 24.02.2021 Yadav Police Station Patna, Criminal Procedure District Koriya, C.G. Code/379 of Indian Penal Code Santosh Kumar Crime No.59/2021, Sections 379, 411, 24.02.2021 Yadav Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Suraj Das Mahant Crime No.57/2021, Sections 379, 411, 24.02.2021 Police Station Patna, 34 of Indian Penal 5 District Koriya, C.G. Code Suraj Das Mahant Crime No.58/2021, Sections 379, 411, 25.02.2021 Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Suraj Das Mahant Crime No.59/2021, Sections 379, 411, 25.02.2021 Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Santosh Kumar Crime No.61/2021, Sections 379, 411, 24.02.2021 Yadav Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Suraj Das Mahant Crime No.60/2021, Sections 379, 411, 24.02.2021 Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Suraj Das Mahant Crime No.61/2021, Sections 379, 411, 24.02.2021 Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Santosh Kumar Crime No.57/2021, Sections 379, 411, 24.02.2021 Yadav Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code Santosh Kumar Crime No.58/2021, Sections 379, 411, 24.02.2021 Yadav Police Station Patna, 34 of Indian Penal District Koriya, C.G. Code
2. As per prosecution case, in the month of January-February, 2021, applicants committed theft of several vehicles (tractor-trolley) and thereafter sold the same to co-accused persons. During investigation, the accused persons were arrested and on their memorandum, the stolen properties were seized.
3. Learned counsel for the applicants submits that applicants are innocent persons and have been falsely implicated in this case. He submits that there is no direct proof of applicants involvement in the alleged crime. The applicants are in jail since 24.02.2021 & 25.02.2021 respectively, charge sheet has already been filed and due 6 to COVID-19 pandemic, conclusion of trial is likely to take some time. Therefore, the applicants be released on bail.
4. On the other hand, learned counsel for the State opposes the bail applications.
5. Heard learned counsel for the parties.
6. Considering the facts and circumstances of the case, the material collected against the applicants, the fact that there are number of cases registered against the applicants of similar nature and other offences, without expressing any opinion on the merits of the case, this Court is of the opinion that present is not a fit case for grant of bail to the applicants. However, if the trial is not concluded within a period of six months from today, the applicants shall be at liberty to repeat their prayer for grant of bail.
7. Accordingly, all the bail applications are dismissed.
Sd/-
Gautam Chourdiya Judge Akhilesh