NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8949 of 2021 • Kundan Gupta @ Mukur @ Guddu S/o Shankar Prasad Aged About

30 Years R/o Krishna Nagar, Ps Tikarapara Permanent Resident-

Village Arurwa Khurd, Harihar Ganj District Palamu, (Chhattisgarh)

---- Applicant Versus • State Of Chhattisgarh Through Officer-In-Charge Police Station City Kotwali, District Mahasamund Chhattisgarh ---- Respondent For Applicant : Mr. Mateen Siddiqui, Advocate.

For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer.

Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

14.2.2022

1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.526/2016, registered at Police Station City Kotwali Distt. Mahasamund C.G. for the offence punishable under Sections 395, 397, 398 of the I.P.C. and Sections 3, 25, 27 of the Arms Act.

2. Earlier, the first bail application was dismissed on merits vide order dated 26.11.2018 in MCRC No.6048/2018.

3. Case of the prosecution, in brief, is that the complainant was the General Manager of the Bihari Group of Liquor. He had rented house at College Road, Mahasamund. On 17.10.2016 in night the said complainant and his employees were sleeping in the said house. On 17.10.2016 at about 8.00 am four unknown face masked persons came in the house. Two persons were having pistol like weapon while the other person shot fire. Those unknown persons had looted collection of amount of Rs.16,86,592/-, one gold ring and one Samsung mobile phone from the said complainant.

4. Learned counsel for the applicant would submit that the applicant has falsely been implicated in crime in question. He would also submit that applicant is in jail since 16.11.2016 as also material witnesses have already been examined and have not supported the case of prosecution; complainant did not identify the present applicant in the Court, therefore, he may be enlarged on bail.

5. On the other hand, learned counsel for the State would oppose the bail application.

6. I have heard learned counsel appearing for the parties and perused the record.

7. Taking into consideration the facts & circumstances of the case;

further taking into consideration the nature & gravity of the offence; also considering the statements of PW1 Vishwas Rao Maske, PW8 Virendra Gupta, PW9 Nagendra Yadav, who have not supported the case of the prosecution, as also the seizure witness and even the complainant himself have not supported the case of the prosecution and have turned hostile; complainant did not identify the applicant in the Court, therefore, without commenting anything on merits, this Court is inclined to release the applicant on bail.

8. Accordingly, the second bail application filed under Section 439 of the Cr.P.C. is allowed.

9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1 Lac with two sureties in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. While furnishing the bail bond, the applicant and the person who stand sureties shall submit their Aadhar Cards and full-sized colored postcard size photographs mentioning their Aadhar numbers on the same before the trial Court who shall verify the same.

SD/-

(Deepak Kumar Tiwari)

Judge Ayushi