The High Court of Chhattisgarh allowed the applicant's first bail application under Sections 379, 120-B etc. IPC, noting he had been in custody for 15 months without seizure and was already granted bail in a related case at the same station.
Release on bail on furnishing personal bond of Rs. 20,000/- with one surety of the like sum.
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 MISC. CRIMINAL CASE NO. 927 OF 2019
Suresh Kumar Sahu S/o Paras Ram Sahu, aged about 45 years, R/o Maretha Nawagaon, Police Station Lalbag, District Rajnandgaon (CG).
… Applicant
Versus
State of Chhattisgarh Through District Magistrate, Rajnandgaon, District Rajnandgaon (CG).
… Respondent
For Applicant : Shri SS Baghel, Advocate. For Respondent-State : Ms. Astha Shukla, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board
19/02/2019
1. This is first bail application seeking for grant of bail to the Applicant who is in jail since 14.11.2017 in connection with Crime No.214 of 2017 registered at Police Station Lalbag, District Rajnandgaon, for the offence punishable under Sections 379, 120-B,420, 467,468, 471,401,201,457 and 380 IPC.
2. The allegation against the applicant is that, the present applicant and the other accused persons are involved in the act of theft of Tractors and used to sell these stolen Tractors to different persons in different villages by preparing fake documents.
3. The counsel for the applicant submits that the present applicant has remained in custody for a period of more than 15 months and there is no seizure made from the applicant. The applicant has falsely been implicated in the case only on the basis of memorandum statement of the co-accused. He further submits that the present
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applicant also has been made an accused person in crime No.326/2017 registered at same Police Station i.e. Lalbag and where this court had already vide order dated 07.02.2019 in MCRC No.926 of 2019 granted bail to the present applicant, and therefore, the applicant be released on bail in the present case also.
4. The State counsel opposing the bail application submits that since the applicant is a part of big racket involved in the commission of organized crime of stealing Tractors and selling it to different persons by preparing fake documents, the applicant does not deserve bail.
5. Taking into consideration the nature of allegations, the material collected during the course of investigation, the period of custody undergone and also the fact that the applicant has already been enlarged in an identical case registered at same police station, this court is of the opinion that a strong case is made out for grant of bail.
6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.
Sd/- (P. Sam Koshy) Judge
inder
2 issues framed by the court
Whether bail should be granted to the applicant who has been in custody for over 15 months without seizure of evidence.
Whether the applicant, having been granted bail in an identical case at the same station, deserves release in the present matter.
1 provisions across 1 enactments
Suresh Kumar Sahu
State of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
