This order rejected first bail applications filed by seven accused persons under Section 439 CrPC. The High Court dismissed the petitions, holding that the gravity of the charge (dacoity with murder) and prosecution evidence warranted continued custody.
Bail applications of all seven applicants were rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 6355 of 2017
Vishnu Nagpure S/o Shri Suresh Nagpure, Aged About 25 Years R/o Siddheshwari Nagar Manewada Road Hudkeshwar District Nagpur (Maharashtra)
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
And
M.Cr.C. No. 5847 Of 2017
D. K. @ Digambar Thapekar Aged About 30 Years R/o Lalganj, Behind Police Chowki, Mehandi Bagh, P. S. Panch Pavli, District Nagpur, Maharashtra.
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
And
M.Cr.C. No. 5892 Of 2017
Ashish Sarode S/o Virendra Sarode Aged About 42 Years Occupation Property Dealer, R/o Plot No. 80 Ratannagar, Manvapur, Near Bilas Bhawan District Nagpur Maharastra.
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
And
M.Cr.C. No. 6226 Of 2017
Sandeep Dongre S/o Shri Kailash Dongre, Aged About 18 Years Ward No.34, Buddha Vihar, Parsodi, Near Gopal Nagar, Trimurthi Nagar, Police Station Rana Pratap Nagar, District Nagpur (Maharashtra).
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
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And
M.Cr.C. No. 6371 Of 2017
Abhijit Singh @ Patri S/o Shri Dhanraj Ramgadhiya, Aged About 20 Years Plot No. 7, Bhole Nagar, Janki Nagar, Near Sai Mandir, Police Station Hudkeshwar, District Nagpur (Maharashtra)
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
And
M.Cr.C. No. 6609 Of 2017
Gendram Yadav S/o Heera Lal Yadav Aged About 45 Years R/o Patharra, Police Station Jaijaipur, District Janjgir- Champa, Chhattisgarh.
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
And
M.Cr.C. No. 6861 Of 2017
Sanjay Kumar @ Sanju Agrawal S/o Vinod Kumar Agrawal Aged About 45 Years R/o Village Jharra, Thana, Dabhra Janjgir Champa, Chhattisgarh.
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
And
M.Cr.C. No. 7233 Of 2017
Narsingh Yadav S/o Sonau Yadav, Aged About 25 Years R/o Village Dataud, Tehsil & Police Station Jaijaipur, District Janjgir Champa Chhattisgarh.
---- Applicant
Vs
State Of Chhattisgarh Through Station House Officer Police Station Kharsia, District Raigarh Chhattisgarh.
---- Respondent
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| For the Applicants |
: Shri C.R. Sahu, Shri Suryakant Mishra, Ms. Sharmila Singhai and Shri Surfaraj Khan, Advocates. |
|---|---|
| For the Respondent/State | : Shri Anupam Dubey, Dy. G.A. |
| For the Objector |
: Shri Vivek Singhal, Advocate. |
Hon'ble Shri Justice Rajendra Chandra Singh Samant ORDER
09.01.2018
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applications and the arguments submitted in this respect. It is submitted that heinous offence of dacoity with murder has been effected by these applicants after conspiring with each other. There is sufficient proof on record on the basis of the call details of the mobiles seized from the applicants that each of the applicant was connected with other on the date and time of incident. It is also submitted that for the offence of conspiracy usually no direct evidence is ever found, it has to be proved on the basis of the circumstances only. It has been further submitted that the applicants have been identified in Test Identification Parade showing the involvement of the applicants in the commission of offence. The articles recovered from Sanjay Kumar @ Sanju Agrawal (M.Cr.C. No. 6861 of 2017) also been identified by the complainant. It is submitted that there is sufficient evidence against the applicants for their prosecution and conviction in these cases. Hence, for these reasons, the applicants in all the cases are not entitled for grant of regular bail.
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and then after committing murder of Vijay Kumar Agrawal various articles of gold and silver were looted by them. After lodging of FIR, the case has been investigated and the charge-sheet has been filed.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Nimmi
1 issue framed by the court
Whether bail should be granted to seven accused persons arrested in a dacoity with murder case.
2 provisions across 2 enactments
Vishnu Nagpure
D. K. @ Digambar Thapekar
Ashish Sarode
Sandeep Dongre
Abhijit Singh @ Patri
Gendram Yadav
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
