Rohit Sao Vs State of Chhattisgarh

The applicant has preferred this 3^rd bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he is arrested in connection with Crime No. 68/2023, registered at Police Station – Sankra, District- Mahasamund for the offence punishable under Sections 420, 34 of the IPC.

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Second bail of the applicant was dismissed on merits vide order dated 07.08.2024 however direction was given to the Trial Court to expedite the Trial as early as possible.

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Digitally SHUBHAM signed by DEY SHUBHAM DEY

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As per prosecution case is that, the farmers of village – Pithora made a complaint stating therein that the applicant along with two other coaccused persons have purchased the paddy from them and not given the consideration amount of said paddy. The said complaint has been forwarded to Sub-Divisional Officer, Pithora and as per the instruction,

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an inquiry was conducted by Secretary, Krishi Upaj Mandi, Pithora. After conclusion of the inquiry, First Information Report was lodged against the applicant and two other co-accused persons on 15.05.2023 by the Secretary, Krishi Upaj Mandi, Pithoura with regard to cheating in disbursement of payment of amount to the farmers.

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Learned Counsel appearing on behalf of the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He submits that out of 69 witnesses, 25 witnesses have been examined as pe the status report of the learned Trial Court. He submits that the applicant is jail from last two years and the other co-accused person namely, Sadhuram Sao has been granted bail by this Court in M.Cr.C. No. 3935/2023 vide order dated 28.08.2023 as also, the coaccused Jaswant Sao has also been arrested on 25.10.2023. he submits that there is nothing incriminating material available against the applicant in the statement of the witnesses who have been examined, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the applicant along with the coaccused namely, Jaswant sao has committed fraud in the purchase of paddy worth Rs. 56,84,419/- and thus, committing cheating with the innocent farmers. He also submits that the Hon’ble Apex Court has also rejected the application filed by the applicant in Special Leave to Appeal (Crl.) No. 13631/2023 vide order dated 20.10.2023.

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I have heard learned Counsel appearing for the parties and perused the material available on record.

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Considering the facts and circumstances of the case, material avialable on record and also considering the fact that the important witnesses are yet to be examined and there is fraud committed by the applicant in connivance with the co-accused Jaswant Sao from 61 farmers amounting to Rs. 56,84,419/- as also, that the Hon’ble Apex court has also rejected the application filed by the applicant in the aforementioned appeal, evidence collected by the prosecution, at this stage, this Court is not inclined to grant benefit of bail to the Applicant.

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Accordingly, the 3^rd bail application is rejected.

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However, Trial Court concerned is directed to expedite the Trial and also to take all necessary steps to cause the presence of the prosecution witness as available under the B.N.S.S. 2023. The prosecution and the defence parties are expected to render full cooperation in deciding the case expeditiously.

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Sd/(Sanjay Kumar Jaiswal) Judge

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Dey

Rohit Sao v. State of Chhattisgarh

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Rohit Sao v. State of Chhattisgarh

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