2024:CGHC:44510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7826 of 2024

1.Shahid Khan @ Hussain S/o Amin Aged About 26 Years R/o Village Ghaghot P.S. Palwal, Dist. Palwal (Haryana)

2.Vikram Godara @ Sandeep S/o Late Ashil Kumar Aged About 35 Years R/o Village Surakhpur, P.S. Dujana, Dist. Jhajhar (Haryana)

... Applicants versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali, Ambikapur Dist. Sarguja (C.G.)

... Non-applicant For Applicants : Mr. Amit Kumar, Advocate.

For Non-applicant : Ms. Supriya Upasane, Government Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

14/11/2024

1. This is the Second bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 583/2023 registered at Police Station- Kotwali, Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 420, 34 of IPC.

2. The earlier first bail application of the applicants being MCRC No.

8306/2023 was rejected by this Court vide order dated 13.12.2023, on the ground that the applicants are a habitual offender and have committed offence of similar nature.

3. As per the prosecution case, the complainant Rupamani, lodged report at Police Station, that some unknown persons had in the name of helping them in the ATM had replaced her ATM card and had withdrawn Rs. 40,000/-.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. He further submits that while rejecting the first bail application of the applicants, the trial was directed to conclude the trial expeditiously and the applicants are in jail since 05.10.2023 and it is stated that the offence in question was under Sections 420/34 of the IPC and the dispute between the parties have been compromised. The applicants have also return the said amount to the complainant as well as under Section 320(2) of Cr.P.C. moved by the complainant for compromise before the learned trial Court. So far as the trial of the present case is stated, the evidence of 3 witnesses have been recorded and the conclusion of the trial is likely to take some time therefore, he prays that the applicants to be enlarged on bail.

5. On the other hand, learned State counsel oppose the prayer for bail and submits that first bail application of the applicants have already been rejected by this Court in MCRC No. 8306/2023 vide order dated 13.12.2023 and the applicants are habitual offender and have committed offence of similar nature. As such, the present applicants are not entitled for grant of bail.

6. I have heard learned counsel for the parties and perused the material available on record.

7. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicants and the fact that the dispute between the parties have been compromised, further looking to the detention period of the applicants that they are in jail since 05.10.2023, and the trial of the present case as stated that 03 witnesses have been recorded and the conclusion of the trial is likely to take quite long time therefore, this Court is of the view that the applicants are entitled to be released on bail in this case.

8. Accordingly, the Second bail application is allowed. Let the applicant Nos. 1 and 2- Shahid Khan @ Hussain and Vikram Godara @ Sandeep, involved in Crime No. 583/2023 registered at Police Station- Kotwali, Ambikapur, District- Sarguja (C.G.), for the offence punishable under Sections 420, 34 of IPC, be released on bail on each of them furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat i