Partly allowed

Moh. Shabbir Urf Raja v. State of Chhattisgarh

Chhattisgarh HC9 May 2022MCRC/1833/2022

Case brief

AI extract

What is this about?

This order deals with a bail application. Bail was allowed for the second applicant with a personal bond and sureties. Application for the first and third applicants was allowed with liberty to revive post examination of witnesses; the bail application in their case was rejected without the liberty in the operative part.

What did the court decide?

Bail allowed for applicant no.2 on bond of Rs.50,000 with two sureties; bail for applicants 1 & 3 allowed with liberty to revive after examination of witnesses.

Moh. Shabbir Urf Raja Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Misc. Criminal Case No. 1833 of 2022

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1. Moh. Shabbir Urf Raja S/o Moh. Shamin, Aged About 35 Years, R/o Chandmari Power House Home Guard Karyalay Ke Pass, P.S. City Kotwali, Tahsil And District Raigarh, Chhattisgarh.

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2. Ajay Jangde Urf Chocho S/o Mohar Say, Aged About 28 Years, R/o Semradih, P.S. Dabhra, District Janjgir Champa, Chhattisgarh. Pre. Add. Gandhi Nagar Kanshiram Chouk Jutmil The And District Raigarh, Chhattsgarh.

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3. Moh. Maksood S/o Moh. Jahoor, Aged About 36 Years, R/o Turkapara Chandni Chouk, Tehsil And District Raigarh Chhattisgarh. Pre. Add. Rajagali Jagatpur Ganga Nursing Home Ke Piche, Tahsil And District Raigarh, Chhattisgarh.

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---- Applicants Versus

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State Of Chhattisgarh Through The Station House Officer, P.S. Kotra Road Raigarh, District – Raigarh, Chhattisgarh.

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---- Respondent

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For Applicants : Shri Manoj Kumar Jaiswal, Advocate For Respondent/State : Shri Suyash Dhar, P.L.

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Hon'ble Shri Justice P. Sam Koshy

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Order On Board

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09/05/2022

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1. At the outset, learned counsel for applicants prays for withdrawal of the bail application, so far as applicant nos.1 & 3 namely Moh. Shabbir Urf Raja and Moh. Maksood are concerned, with a liberty to revive the same after the material witnesses are examined.

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2. Prayer is allowed.

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3. Accordingly, the bail application, so far as applicant nos. 1 & 3 namely Moh. Shabbir Urf Raja and Moh. Maksood are concerned,

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stands rejected with the aforesaid liberty.

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4. So far as applicant no.2 Ajay Jangde Urf Chocho is concerned, counsel for the applicants submits that this is the first bail application filed u/s 439 of Cr.P.C. for grant of bail to applicant no.2 who is in jail since 16.01.2022 in connection with Crime No. 212/2021 registered at Police Station- Kotara Road Raigarh, District – Raigarh (CG) for the offence punishable under Sections 379/34, 201 of IPC.

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5. The allegation against applicant no.2 Ajay Jangde is that he along with other accused persons were involved in the theft of one Trailer bearing registration No. CG 04 JC 7194. After the theft of the said trailer, they took it to the yard where the vehicle was being cut into pieces for being further sold on scrap.

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6. At the outset, learned counsel for applicants submits that two of the accused persons namely Subhash Garg and Ajay Ekka have already been released on bail by this Court and therefore on the ground of parity applicant no.2 also deserves to be released on bail. He submits that the applicant no.2 also deserves to be released on bail for the reason that he has already remained in custody for a period of around 4 months.

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7. State counsel, however, opposing the bail application submits that in fact it is the applicants 1 & 3 who were the real master mind in the said offence. It was at their behest that other accused Ajay Ekka and applicant no.2 Ajay Jangde had brought the vehicle and parked it in the yard which the applicants 1 & 3 had taken on rent. State counsel further submits that so far as Subhash Garg is concerned, he was implicated in the case only for the cutter machine being provided to the applicants herein for cutting the

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trailer and other than that he was not involved in the offence.

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8. Considering the entire facts and circumstances of the case and the period of custody already undergone by applicant no.2 and also taking note of the fact that co-accused Ajay Ekka, the driver of the trailer has already been released on bail in MCRC No. 9121/2021 on 14.12.2021 and the case of applicant no.2 being identical in nature, he is entitled to be released on bail.

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9. Accordingly, the application for grant of bail, so far as applicant no.2 Ajay Jangde Urf Chocho is concerned, is allowed. It is directed that applicant no.2 Ajay Jangde Urf Chocho will be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.

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Sd/- ( P. Sam Koshy) JUDGE

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Khatai

Moh. Shabbir Urf Raja v. State of Chhattisgarh

Case brief

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Moh. Shabbir Urf Raja v. State of Chhattisgarh

Case brief

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