Advocates:
['SURESH KUMAR VERMA', '', 'SHAFIQ AHMED KHAN', 'A G']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 122 of 2022

Manish Chouhan S/o Late Laxminarayan Chouhan, Aged

About 18 Years, R/o Baiglo Yard 253, 12 Kholiya Bilaspur, P.S.

Torwa, Tahsil and District Bilaspur (Chhattisgarh).

---- Applicant

Versus

State of Chhattisgarh Through the Station House Officer, P.S.

Civil Line Bilaspur District Bilaspur Chhattisgarh.

---- Non-applicant

MCRC No. 302 of 2022

Deepak Yadav S/o Late Shyamu Yadav, Aged About 20 Years,

R/o Near Pathakk Shop, Vinobha Nagar, Police Station- Civil

Line, Tahsil and District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh through- S.H.O. Police Station- Civil

Line, Tahsil and District- Bilaspur, Chhattisgarh.

---- Non-applicant

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For Applicant

: Mr. Suresh Kumar Verma, Advocate

(in MCRC No.122 of 2022)

For Applicant

: Mr. Shubham Tripathi, Advocate

(in MCRC No. 302 of 2022)

For Non-applicant/State

: Mr. Sakti Singh and Mr. G.P. Kurre,

Panel Lawyers

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(Proceedings through Video Conferencing)

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

08.02.2022

1.

Since both second bail applications are arising out of same crime

number, they are being heard and decided by the common order.

2.

The applicants have preferred these Second Bail Applications

under Section 439 of Code of Criminal Procedure, 1973 for grant

of regular bail to the applicants, who are in custody since

03.10.2021, in connection with Crime No.1040 of 2021, registered

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at Police Station Civil Line, Bilaspur, District Bilaspur

(Chhattisgarh) for the offence punishable under Sections 147,

436, 511, 506, 34 of Indian Penal Code.

3.

Earlier bail applications of applicants were dismissed as

withdrawn with liberty to revive the same after filing of charge-

sheet.

4.

Case of prosecution is that, in the intervening night of 01.10.2021-

02.10.2021, some persons came on two-wheeler at petrol pump

to fill fuel on two-wheelers. After taking fuel from petrol pump,

some dispute arose between the persons came on two-wheeler

and employee of petrol pump with regard to payment of amount

because persons who fill fuel were not making entire payment of

fuel taken by them. Subsequently, they tried to give mobile phone

as security, which was refused by employees of petrol pump and

thereafter, somehow, they managed and paid entire cost of petrol,

which they have taken. While going Narendra Singh returned back

and threatened the employees of petrol pump. After some time,

some persons thrown bottle burning with inflammable product

over petrol pump. Employees of petrol pump somehow succeeded

in extinguishing fire and thereafter, report was lodged with

concerned Police Station on next day. During course of

investigation, applicants were arrested on 03.10.2021.

5.

Mr. Suresh Kumar Verma, learned counsel for the applicant in

MCRC No.122 of 2022 and Mr. Shubham Tripathi, learned

counsel for the applicant in MCRC No.302 of 2022 would submit

that after withdrawal of first bail application, charge-sheet has

been filed. After arrest, applicants were not put to Test

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Identification Parade. They are arrested in the instant crime only

on the basis of memorandum statement of Rinku Martin, which is

not admissible piece of evidence. He also pointed out that in the

complaint, Guard of bank is stated to be an eyewitness to the

incident as he informed that eight persons came in three two-

wheeler, but his name is not mentioned as witness in charge-

sheet. Applicant is of tender age of 18 years. Mr. Shubham

Tripathi, learned counsel for applicant Deepak Yadav contended

that applicant was present at the time of celebration of birthday

and he was not accompanied with other