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2013 DIGILAW 180 (CHH)

SUNIL NISHAD v. STATE OF C. G.

2013-06-20

Prashant Kumar Mishra

body2013
ORAL ORDER 1. Both these applications are disposed of by this common order as they are arising out of the same crime number. 2. The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No. 20/2013 registered in Police Station Suhela, Distt. Baloda Bazar - Bhatapara (C.G.) for offence punishable under Section 395, 412 & 414 of IPC. 3. 10 accused persons went to the spot where a transmission line was erected by EMC Company and for that iron rod, nut bolt, cement etc were kept by the contractor. Two watchmen namely Vishwanath Mehta and Chalitar Rishidev were deputed to guard the materials. The accused persons assaulted the said watchmen, covered them by blanket and thereafter looted iron articles, cement etc. worth Rs.2,52,000/-. 4. Learned counsel for the applicants would submit that they have been falsely implicated and the identification by Vinod and other witnesses is defective. They would submit that the applicants are entitled to be released on bail because two persons who were not involved in the dacoity were also identified as culprits. For applicant Sunil Nishad it has been argued that he was not involved in committing dacoity and his driver Dushyant has used the tractor owned by him, therefore he deserves to be re leased on bail. 5. Learned State counsel would oppose the prayer for grant of bail and would submit that as against Kamlesh Bhatri and Dushyant Yadav other cases of similar nature are registered at Newra and Simga Police Station. 6. Considering the nature of evidence available and their previous antecedent, bail application filed on behalf of applicant Kamlesh Bhatri and Dushyant Yadav is rejected. 7. Accordingly, M.Cr.C. No.2365/2013 is rejected. 8. Considering the fact that applicant, Sunil Nishad, owner of the tractor used in committing dacoity, was not present on the spot and no recovery has been made from him nor was put to TI parade, his case for grant of bail is allowed. 9. Accordingly, the bail application M.Cr.C. No.2256/2013 is allowed and the applicant, Sunil Nishad is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial court on each and every date given by the said Court. Certified copy as per rules. He is directed to appear before the trial court on each and every date given by the said Court. Certified copy as per rules. Application Allowed.