Allowed

Kumar Thakur v. State of Chhattisgarh

Chhattisgarh HC4 Jul 2022MCRC/4366/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed a second bail application filed by four applicants arrested in a robbery case. The court observed that no charge-sheet had been filed and no pending trial existed, directing release on personal bond with sureties.

What did the court decide?

Applicants released on bail on each executing a personal bond of Rs. 20,000 with one solvent surety for the like amount.

Kumar Thakur Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4366 of 2022

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Kumar Thakur S/o Shrilal, aged about 35 years, Village: Jamhar, Police Station and Tahsil: Pithaura, District: Mahasamnud (C.G.).

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Bihari Lal S/o Mohan Lal, aged about 30 years R/o Bhatapara, Naila, Janjgir Police Station, Tahsil and District: Janjgir Champa (C.G.)

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Kushal Dhruw S/o Loknath Dhruw, aged about 32 years R/o Village Mokha, Police Station: Komakhan, Tahsil: Bagbahra, District: Mahasamund (C.G.)

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Netram Sahu S/o Dhaniram, aged about 35 years, R/o Village: Churrupali, Police Station: Tendukona, Tahsil: Pithaura, District: Mahasamund (C.G.)

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---- Applicants

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Versus

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State of Chhattisgarh, Through Police Station: Pateva, District Mahasamund (C.G.)

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---- Respondent

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________________________________________________________________ For Applicant No.1 and 2 : Mr. Pushpendra K. Patel, Advocate For Applicant No.3 and 4 : Mr. Deepak Jain, Advocate. For Respondent/State : Mr. Ravipal Maheshwari, P.L.

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Hon'ble Shri Justice Arvind Singh Chandel Order On Board

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04.07.2022

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The applicants have preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection with crime No. 57/2022, registered at

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Police Station: Pateva, District- Mahasamund (C.G.) for the offence punishable under Sections 392, 120-B and 34 of IPC.

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First bail application was dismissed for want of prosecution vide order dated 09.05.2022 passed in MCRC No.2764 of 2022.

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According to the case of prosecution, on 09.03.2022, complainant namely Dinesh Kumar Sahu, lodged a report alleging therein that, on 09.03.2022 he was going to Pithaura in his bike along with one black bag which consisted Rs.1,10,000/in it. On his way, near bus stand, one unknown person came and asked him for lift and then both of them proceeded towards Pithaura. Thereafter, three other unknown persons came and looted the said money of the complainant along with the first unknown person which was already present in the bike. On the basis of said, F.I.R. was lodged. During course of investigation, Rs.30,000-30,000 was seized from the possession of the applicants No.1 and 4 and Rs.25,000-25,000 was seized from the possession of the applicants No. 2 and 3. The applicants were arrested on 09.03.2022.

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Both the counsel appearing on behalf of the respective applicants submits that the applicants are innocent and has been falsely implicated in the case. They submit that FIR has been lodged against unknown persons, charge-sheet has been filed and as on date no case is pending against the applicants before any Court. He submits that applicants are in jail since 09.03.2022 and trial is likely to take some more time. Therefore, they may be released on bail.

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Per contra, learned counsel appearing on behalf of the State opposes the arguments advanced by counsel for the applicants and submitted that looking to the nature of offence, the bail application of the applicants shall be dismissed.

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I have heard learned counsel for the parties.

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Considering the facts and circumstances of the case, particularly considering the detention period of the applicants and further considering that charge-sheet has not been filed. Without further commenting on other merits of the case, I am inclined to release the Applicants on bail.

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Accordingly, the bail application is allowed.

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It is directed that the applicants be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

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Sd/-

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(Arvind Singh Chandel) Judge

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Saurabh

Kumar Thakur v. State of Chhattisgarh

Case brief

What is this about?

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Kumar Thakur v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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