Sagar Devnath Vs State of Chhattisgarh

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1889 of 2024

1- Sagar Devnath S/o Late Shri Parimal Devnath Aged About 33 Years, R/o Bengali Camp Singarbhatt, Thana - Kanker, Distt - North Baster Kanekr, Chhattisgarh.

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through Station House Officer, Police Station - Kurud, Distt - Dhamtari, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Shreyansh Pathak, Advocate For Respondent : Mr. Pramod Shrivastava, Dy.G.A.

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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16/04/2024

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Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.846 of 2023, registered at Police Station – Kurud, District – Dhamtari (C.G.) for offence punishable under Section 420, 419, 384, 365, 342, 457, 120-B of the Indian Penal Code.

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Case of prosecution in brief is that on 30.12.2023 when the complainant was about to close his shop/ Dhaba (Kiran Restaurant) at about 10:30 pm, four persons came in a white color Brezza car bearing No. CG27M8403, projecting themselves to be the officers of the National Crime Investigation Bureau

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(NCIB) and showing their identity Card started search of his shop, mobile phones were forcefully snatched from him and his employees and thereafter under the threat that he they would implicate the complainant in offence of selling illicit liquor have demanded Rs. 80,000/-, upon which the complainant somehow settled and paid them Rs. 15000/- from his house. Thereafter they left the complainant in his Dhaba at around 02:00 am in the night stating that he may leave the balance amount of Rs. 65000/- at Dhamtari. The incident was reported, based upon which aforementioned crime was registered initially against unknown persons. During investigation, applicant along with coaccused were arrested.

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Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant has not committed any offence as alleged. During investigation, applicant was arrested on 31.12.2023 and after investigation charge-sheet has been filed. The other co-accused perons namely Vedansh Chauhan, Sudhanshu Pandey and Pankaj Yadav have been enlarged on bail by this Court vide order dated 27.03.2024 in M.Cr.C. No.1632 of 2024 and the case of the applicant is also on similar footing. Hence, he may be enlarged on bail.

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Learned State counsel opposes the submission of learned counsel for applicant and would submit that applicant was identified by Ajay Singh and further there are 7 criminal

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antecedents against applicant i.e. 4 under I.P.C., one of Excise Act and two Istagasa.

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At this stage, learned counsel for applicant submits that in one case registered against applicant under I.P.C. of the year 2014, applicant was acquitted of the charges and copy of the judgment is placed on record along with covering memo. He also contended that applicant was convicted in one of the offence under Section 363 and applicant was granted bail in the pending criminal appeal considering the nature of allegation and the evidence on record.

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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 respective parties, investigation is completed and charge-sheet has been filed, other co-accused persons who were also identified as submitted by State counsel have been granted bail by this Court, without commenting anything on merits of the case, I am inclined to allow this bail application.

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

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

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

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c). If the applicant is 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