Rajesh Bargah Vs State of Chhattisgarh

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2024:CGHC:34362

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5887 of 2024

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1 - Rajesh Bargah S/o Kasiram Bargah Aged About 36 Years R/o Village Shivnandanpur P.S. - Vishrampur, (Wrongly Mentioned As Bishrampur) Tehsil And District - Surajpur Chhattisgarh

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2 - Baljit Singh S/o Chotelal Singh Aged About 39 Years R/o Village Shivnandanpur P.S. - Vishrampur, (Wrongly Mentioned As Bishrampur) Tehsil And District - Surajpur Chhattisgarh

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3 - Parmeshwar S/o Paramshivam Aged About 21 Years R/o Village Shivnandanpur P.S. - Vishrampur, (Wrongly Mentioned As Bishrampur) Tehsil And District - Surajpur 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 - Vishrampur, (Wrongly Mentioned As Bishrampur) District - Surajpur Chhattisgarh

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...Non-applicant

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For Applicant : Mr. Gyan Prakash Shukla, Advocate For Non-applicant : Mr. Keshav Prasad Gupta, Government Advocate

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SB : Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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04/09/2024

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Applicants have filed this first bail application under 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as they have

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been arrested in connection with Crime No. 260 of 2023, registered at Police Station – Bishrampur, District – Surajpur (C.G.) for offence punishable under 457, 342, 506, 395, 399, 412, 34 of the Indian Penal Code, Section 25 of Arms Act and Section 3 and 4 of Damages to Public Property Act, 1984.

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At the outset, learned counsel for the applicants submits that he is not pressing this application with respect to Applicant No. 1/Rajesh Bargah at this stage and seeks permission of this Court to withdraw this application with respect to the Applicant No. 1/Rajesh Bargah.

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In view of the submissions made by the counsel for the applicants, application with respect to the Applicant No. 1/Rajesh Bargah is dismissed as withdrawn.

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Case of prosecution in brief is that one Bhagwani Tiwari lodged a written report alleging therein that on 15.12.2023 at about 2.10 AM (night) Murri Sharma who was on duty as guard at Amera Sub-area, Vishrampur, some unknown person came there, assaulted him by means of hands and fists, iron rod and sword and threatened to kill him and forcefully took 100 numbers of 20-20 kg. of iron measuring weights. Based on the written complaint, aforementioned crime was registered and during the course of investigation, Applicants No. 1 & 2 are arrested on 17.12.2023 and Applicant No. 3 is arrested on 26.02.2024.

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Learned counsel for applicants submits that applicants have been falsely implicated in this case. They have not committed any offence as alleged. The seizure and memorandum witnesses namely Raju Ravi (P.W.-4) and Santosh Ravi (P.W.-6) have been examined before the

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trial Court and they have not supported the case of the prosecution. Applicants are in jail since 17.12.2023 and 26.02.2024. Hence, they may be enlarged on bail. Co-accused Mukesh Soni and Shahbaz Khan were enlartged on bail vide order dated 18.07.2024 in M.Cr.C. NO. 4410/2024 and order dated 23.07.2024 in M.Cr.C. No. 4420/2024 respectively.

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Learned State counsel opposes the submission of learned counsel for applicants and would submit that serious allegation has been leveled against applicants of committing robbery. He also submits that the submission of learned counsel for applicant based on the deposition of the witnesses is subject matter of appreciation by the trial Court.

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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, period of pretrial detention of applicant, two coaccused Mukesh Soni and Shabaz Khan are enlarged on bail, as also the submission of learned counsel for applicants based on the deposition of the witnesses, without commenting anything on merits of the case, I am inclined to allow this bail application with respect to Applicants No. 2 & 3.

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Accordingly, bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the Applicants No. 2 & 3 is allowed. It is directed that the Applicants Baljit Singh and Parmeshwar shall be released on regular bail upon each of them 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). 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