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2006 DIGILAW 242 (CHH)

UMESH SINGH v. STATE OF CHHATTISGARH

2006-04-17

DHIRENDRA MISHRA

body2006
( 1 ) SHRI Ajay Ayachi, learned Counsel for the applicant. Shri D. K. Gwalre, learned Dy. G. A. with Shri M. P. S. Bhatia, learned P. L. for the State. ( 2 ) HEARD on M. Cr. C. No. 793/2006 application under Section 439 of the cr. P. C. for grant of bail. ( 3 ) CASE of the prosecution is that the applicant in association with other co-accused persons kidnapped Ghasiram, pawar and Mastram and took them to Bihar and thereafter to Orissa and confined them in Rourkela for twenty one days and demanded ransom from their parents. They were arrested in connection with crime No. 352/2002 registered in police station, Kota for the offences punishable under Section 25 and 27 of the Arms Act. ( 4 ) LEARNED Counsel for the applicant submits that the other co-accused persons namely Joginder Anil Mistri and mohan Rao have been enlarged on bail and the allegations against the present applicant is identical to the above accused persons. He further submits that the witness who allegedly identified in the test identification parade has not supported the case of prosecution and the witnesses before whom the seizure of golden chain was allegedly effected namely Kulwant Singh and Rajesh shukla have been examined and they had also not supported the case of prosecution. ( 5 ) THE above facts have not been disputed by the counsel for the State. ( 6 ) IN the aforesaid circumstances, the instant application is allowed and it is directed that in the event of applicant furnishing a personal bond in the sum of rs. 10,000/- with two solvent sureties of the like amount to the satisfaction of the concerned Court, the applicant be released on bail. If the applicant fails to appear before the concerned Court even once, the bail granted to him shall automatically stand cancelled and in that event the concerned. Court shall take action against the applicant as also against his sureties in accordance with law. ( 7 ) IN view of the above I. A. No. 663/2006 stands disposed of. C. C. as per rules. Application disposed of. --- *** --- .