Amar Babuvani @ Kundan Vani Vs State of Chhattisgarh

Applicants have filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as they have been arrested in connection with Crime No. 12 of 2024, registered at Police Station – Bhatapara Gramin, District – Balodabazar – Bhatapara (C.G.) for offence punishable under Section 379, 427, 411, 120 (B), 34 of the Indian Penal Code.

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Case of the prosecution, in brief is that, on 05.01.2024 a report was lodged by Abhishek Sahu, Junior Engineer of Chhattisgarh State Power Distribution Company Ltd. alleging that some unknown persons have committed theft of oil from transformer.

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Based on the report, crime was registered initially against unknown person. During investigation, applicants were arrested.

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Learned counsel for applicants submits that applicants have been falsely implicated in this case. Applicants have not committed any offence as alleged. They have been made accused in different crime based on the one memorandum statement recorded by the police. In this case police has shown seizure of only petty amount of Rs.2,000/- from applicant -Jitendra, Rs.1,500/- from Amar Babuwani, Rs.2,000/- from applicant Virenda. She contended that applicants have been shown to be arrested based on one memorandum statement only but they have been implicated in two crime. The police has seized only amount from the applicants in this crime, however, in other crime, seizure of cash along with cutter and tool has been made.

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Learned State counsel opposes the submission of learned counsel for applicants, however, he do not dispute the submission of learned counsel for applicants that applicants have been implicated in other crime based on the one memorandum statement. Upon asking, he submits that the person, to whom theft articles stated to be sold is absconding.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the

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respective parties, no incriminating articles/theft articles have been seized from the possession of applicants, they are in jail since 18.01.2024, without commenting anything on merits of the case, I am inclined to allow these bail applications.

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Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that the applicants shall be released on regular bail upon their furnishing a bail bond in the sum of Rs.25,000/- with one local surety each in the like sum to the satisfaction of the Court below on the conditions that:-

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a). Applicants shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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(b). Applicants shall not, in any manner, tamper with the prosecution witnesses.

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c). If the applicants are found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Amar Babuvani @ Kundan Vani v. State of Chhattisgarh

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Amar Babuvani @ Kundan Vani v. State of Chhattisgarh

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