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NAFR

HIGH COURT of CHHATTISGARH, BILASPUR

MCRC

No. 7475 of 2021

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Vicky Kumar Ravi @ Vicky Rao S/o Jugal Ram Ravi aged about

22 Years R/o Village Kasmar, Thana Lerhanj, District Laatehaar,

Jharkhand.

----Applicant

Versus

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State of Chhattisgarh Through Officer-In-Charge, Police Station

Basantpur, District Balrampur-Ramanujganj Chhattisgarh

---- Non-applicant

For Applicant : Ms. Diksha Gouraha, Advocate

For Non-applicant/State : Mr. Amit Verma, Panel Lawyer

Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge

(proceedings through video conferencing)

ORDER

11/01/2022

1.

Applicant has filed this application under Section 439 of CrPC for

grant of regular bail as he has been arrested in connection with

Crime No. 142/2017 registered at Police Station Basantpur

District Balrampur, Ramanujganj (C.G.) for the offence punishable

under Sections 417, 342, 394, 395 of IPC.

2.

Case of prosecution is, that on 28.11.2017, when complainant

Gourav Kumar Agrawal along with his driver Hariom Kerketta was

travelling on four-wheeler Tavera vehicle bearing registration No.

CG15B5883 and returning to Wardrafnagar after collecting

amount from stationary purchaser and stopped for answering

natures call on the way. Some unknown persons came in

unnumbered white Bolero vehicle and accosted the complainant

that he is fleeing away after causing accident. Those unknown

persons took the complainant and his driver along with them

stating that they would take them to the place of accident but

instead they have taken them to forest area and after snatching

mobile phone of complainant they looted Rs. 3 Lakh cash kept in

the bag and thereafter they all fled away. Report was lodged on

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29.11.2017, based on which, aforementioned crime was

registered against unknown persons. During investigation,

applicant was also arrested on 16.01.2018 based on the

memorandum statement of co-accused Sudama Shrivastava.

3.

Learned counsel for the applicant would submit that applicant was

not involved in any manner in commission of aforementoned

crime. She submits that during course of investigation, police

conducted test identification parade of accused persons in which

complainant did not identify applicant to be one of the accused

person involved in commission of crime. She submits that

complainant was examined by the trial Court on 30.03.2019, in his

court statement also, complainant stated that except applicant, he

identified the other co-accused persons in the Court by name

Sudama Shrivastava, Ashok Kumar Singh, Buteshwar Yadav and

Deepak Kumar Sinha. Applicant is in jail since 16.01.2018. She

submits that out of 14 enlisted witnesses, only 6 have been

examined till date. Next date for recording prosecution witnesses

is fixed on 16.01.2022.

4.

Learned State counsel, while opposing the submissions made by

the learned counsel for the applicant, would submit that four

persons accompanied complainant in his Tavera vehicle and two

persons were travelling on Bolero vehicle, hence, there is prima

facie involvement of applicant in commission of crime as well and

he is not entitled for bail.

5.

I have heard learned counsel for the parties.

6.

Taking into consideration, nature of allegations, facts and

circumstances of the case, submission of learned counsel for

applicant that in test identification parade complainant did not

identify applicant to be one of the accused person involved in

commission of crime, his detention period since 16.01.2018 and

further that out of 14 enlisted witnesses only 6 witnesses have

been examined till date, without commenting anything on merits, I

am inclined to allow the bail application.

7.

Accordingly, the bail application is allowed. It is directed that the

applicant shall be released on regular bail, upon furnishing a bail

bond in the sum