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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 4896 of 2023

Rohit Agrawal S/o Shambhu Dayal Agrawal Aged About 31 Years

Resident Of H. No. 542, Near Telephone Exchange, New Khursipar,

Bhilai, District : Durg, Chhattisgarh

---- Applicant

Versus

 State Of Chhattisgarh Through- The District Magistrate, Durg, District :

Durg, Chhattisgarh

---Respondent

For Applicant

-

Shri Vivek Singhal, Advocate

For State

-

Shri Ravi Maheshwari, PL

Order on Board by Hon'ble Shri Justice

Sachin Singh Rajput

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/07/2023

This second application under Section 439 of the Code of Criminal

Procedure has been filed by the applicant who is in custody in connection

with Crime No. 333/2022 registered at PS Purani Basti, District Durg, CG for

the offence punishable under Sections 379, 120-B, 201, 413, 414, 34 IPC.

The first application MCRC No. 9249/2002 was dismissed on merits vide

order dated 07.12.2022.

2.

Case of the prosecution in short is that there was a transport in the

name of Singh Road Lines in Transport Nagar, Hathkhoj, and one year ago

after selling of Godown, the trailer No. CG-07, Ca-3916 was standing outside

the Godown. On 25.07.2022 it was sold by Santosh Sharma, beside the

owner of Godown, that someone was dragging the trailer and its head with a

crante. Thereafter they searched but they did not find it. During ivestigation

the enquiry was made from accused Hareram Manjhi, who revealed the

name of other accused persons.

3.

Counsel for the applicant submits that the applicant is innocent and

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has been falsely implicated in the case. According to the counsel for the

applicant, after rejection of first application many witnesses have been

examined but not supported the case of the prosecution and that similarly

situated accused persons have already been granted bail. He further submits

that the applicant is in jail since 05.09.2022 and that the trial may take some

time for conclusion, therefore, he may be released on bail.

4.

State counsel opposes the application for bail and submits that looking

to the allegations made, the applicant is not entitled for bail. He however

does not dispute that the accused with similar allegation has been granted

bail.

5.

Considering the rival submissions made on behalf of the parties, the

facts and circumstances of the case, the material collected by the

prosecution, that the similarly situated accused has already been bailed out,

that the applicant is in jail since 05.09.2022, and that the trial may take some

time for conclusion, this Court is of the opinion that it is a fit case to release

the applicant on bail. Accordingly, the application is allowed. It is directed

that the applicant be released on bail on his furnishing a bond in the sum of

Rs. 25,000/- with one surety for the like sum to the satisfaction of the

concerned Court for his appearance before that court as and when directed.

6.

The applicant shall not involve himself in the like offences in future and

shall appear before the concerned Court on all the dates given in this behalf.

Violation thereof, if any, may lead to cancellation of bail granted to the

applicant.

Sd/-

(Sachin Singh Rajput)

Judge

Jyotishi