Allowed

Vijay Kumar Kanwar v. State of Chhattisgarh

Chhattisgarh HC7 Apr 2024MCRC/2154/2024

Case brief

AI extract

What is this about?

High Court allowed a second bail application under Section 439 CrPC filed by two applicants arrested for theft and Riotous Assemblage. Court granted regular bail subject to furnishing a bond with surety and obeying bail conditions, noting the applicants' clean record.

What did the court decide?

Applicants granted regular bail on bond of ₹25,000/- with one surety in like amount, subject to appearance and non-tampering with witnesses.

Vijay Kumar Kanwar Vs State of… — Contract and Commercial Disputes | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2154 of 2024

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Vijay Kumar Kanwar S/o Vishal Kanwar Aged About 39 Years P/a VillageSemipali, Police Station- Urga, Tahsil- Urga District Korba R/a- Neam Hanuman Temple, Dodipara, Korba Tah. and District : Korba, Chhattisgarh

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Arjun Yadav S/o Ajay Yadav Aged About 21 Years R/o Ayodhyapuri, Darri, Police Station- Korba, Tahsil- Korba, District : Korba, Chhattisgarh ------Applicants

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VERSUS

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State of Chhattisgarh through-Station House Officer, Police Station- Kotwali, Police Help Centre Manikpur, District : Korba, Chhattisgarh

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------- Non-applicant

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For Applicant : Mr. Abhishek Singh Bharos, Advocate and Mr. R.K. Verma, Advocate.

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For State : Ms. Binu Sharma, Panel Lawyer

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD (08/04 /202 4)

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Applicants have filed this second bail application under Section 439 of CrPC for grant of regular bail as they have been arrested in connection with Crime No. 512/2023 registered at Police Station – Kotwali Korba, District Korba (C.G.) for offence punishable under Sections 397, 398 of IPC.

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Case of prosecution in brief is that complainant Umesh Yadav lodged a report in the concerned police station on 27.08.2023 alleging that on 26.08.2023 at about 10:00 pm, when he was returning back after making advance payment of amount of ₹ 2000/- to Sahu Tent House, he reached near the Community Hall at Mudapar road, four persons obstructed the road by their motorcycle and when his car stopped, they started abusing him and on account of publishing and making false news of their company, have damaged the car, assaulted him by means of hands and fist and also robbed one gold chain valuing ₹ 2,50,00/-, cash amount of ₹ 1,50,000/-, one iphone and two other mobile phones. Based on the report, aforementioned crime was registered against unknown persons. During investigation, applicants were arrested.

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Learned counsel for applicants submits that applicants have been falsely

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implicated in the crime, they have not committed robbery/ loot of any of the article and cash as alleged in the F.I.R. Complainant is a news reporter and false report has been made against them. Mobile phones were shown to be seized from the possession of applicants in the police station which have been produced in the police station itself. There are no criminal antecedents against applicants, they are in jail since 11.12.2023, hence they may be enlarged on regular bail.

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Learned State counsel opposes the submission of learned counsel for applicants and further submits that based on the report, applicants were intercepted and during interrogation based on their memorandum statement, one OPPO company mobile phone which is of friend of complainant is seized from possession of applicant Vijay Kumar, one wooden club has been seized from applicant Arjun Yadav. However, upon asking, she submits that there are no criminal antecedents against applicants.

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I have heard learned counsel for the parties.

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Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties and that there are no criminal antecedents of applicants, period of pre-trial detention, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon each of them furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court 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) The 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 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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/pawan

Vijay Kumar Kanwar v. State of Chhattisgarh

Case brief

What is this about?

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Vijay Kumar Kanwar v. State of Chhattisgarh

Case brief

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What did the court decide?

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