Allowed

Amar Babuvani @ Kundan Vani v. State of Chhattisgarh

Chhattisgarh HC14 Apr 2024MCRC/2162/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of three bail applications filed by accused persons arrested for theft of copper wire and transformer oil. The court granted regular bail due to the lack of seized incriminating articles and allowed release upon furnishing a bond without commenting on the case merits.

What did the court decide?

Regular bail granted upon furnishing bail bond of Rs. 25,000/- with one local surety each in like sum.

Amar Babuvani @ Kundan Vani Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2162 of 2024

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1- Amar Babuvani @ Kundan Vani S/o Suraj Vani, Aged About 24 Years,

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2- Rajaryan Vani @ Khekhada, S/o Babban Vani, Aged About 18 Years,

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Both are R/o Village Risda, P.S. Masturi, Taluka Bilaspur, District Bilaspur (Cg.)

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---- Applicants

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Versus

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1- State Of Chhattisgarh, Through The Station House Officer, P.S. Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.)

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---- Respondent

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MCRC No. 2165 of 2024

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1- Lalaram Kenwat @ Bhagat Kenwat S/o Devsingh, Aged About 26 Years, R/o Village-Risda, P.S.Masturi, Taluka Bilaspur, District Bilaspur (C.G.)

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through The Station House Officer, P.S. Bhatapara, District Balodabazar-Bhatapara (Cg)

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---- Respondent

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AND

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MCRC No. 2527 of 2024

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1- Jitendra Kumar Vagle S/o Saroj Kumar, Aged About 31 Years, R/o Village Mohbhattha, Police Station And Tahsil- Bilha, DistrictBilaspur (C.G.)

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through The Station House Officer, P.S. Bhatapara Gramin, District- Baloda Bazar-Bhatapara (C.G.)

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---- Respondent

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For Applicants : Ms. Seema Singh, Advocate

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: Mr. Neeraj Sharma, Dy.A.G.

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For Respondent

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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15/04/2024

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All the bail applications are heard and decided together by this common order as they are arising out of the same crime number.

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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. 4 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, a report was lodged by Nitin Agrawal alleging that in between 31.12.2023 at about 21.50 to 01.01.2024 at about 4.00 o’clock some unknown persons committed theft of copper wire plate and 1100 liter transformer oil which was installed in front of village Sendari at Ma Kanta Pyore FRK Mill. Based on the report, aforementioned crime was registered against unknown persons and during the course of 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. Only on the basis of the memorandum statement, police has seized from possession of applicant

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Lalaram Kenwat - Rs.2000/- and one cutter and tool, from Jitendra Kumar - Rs.8,500/- and Swift car, applicant Amar Babuwani - Rs.11,000/- cash and one tool for opening transformer. He contended that on the basis of one memorandum statements, applicants were implicated in other crime also. There are no other criminal antecedents except the crime registered by the police based on one memorandum statement. Offence is triable by Judicial Magistrate First Class. She also contended seizure of amount from applicant – Jitendra is from other address than that of the residential address of applicant. He has been enlarged on bail in Crime No.651/2023 by this Court vide order dated 04.04.2024 in M.Cr.C. No. 1409 of 2024. Applicants are in jail since 18.01.2024. Hence, they may be enlarged on bail.

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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 person to whom the theft articles have been 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

Case brief

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Amar Babuvani @ Kundan Vani v. State of Chhattisgarh

Case brief

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