HIGH COURT OF CHHATTISGARH
Hon'ble Shri Justice Parth Prateem Sahu
ANAND PATEL – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC/8348/2021
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 8348 of 2021
Anand Patel S/o Manharan Patel, Aged About 25 Years R/o Village
Pamgarh, Police Station Kharsiya, District Raigarh Chhattisgarh, District
: Raigarh, Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station
Gharghoda, District Raigarh Chhattisgarh, District : Raigarh,
Chhattisgarh
---- Respondent
MCRC No. 8752 of 2021
Mirza Rahman S/o Late Mirza Liyakat Aged About 30 Years R/o Sadar
Bazar, Gond Para Near Cims Hospital P.S. Kotwali, Bilaspur, District
Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Officer In Charge Police Station
Gharghoda, District Raigarh Chhattisgarh., District : Raigarh,
Chhattisgarh
---- Respondent
MCRC No. 8505 of 2021
Ishwar Dansena S/o Babulal Dansena Aged About 26 Years R/o Village
Barbhauna, Police Station Chhal, Tahsil Dharamjaigarh, District Raigarh
Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through, Station House Officer, Police Station
Gharghoda, District Raigarh Chhattisgarh
---- Respondent
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For Respective Applicants :
Shri Awadh Tripathi and Shri Ashutosh
Mishra, Advocate
For Non-applicant
:
Shri Anil Tripathi, Panel Lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
06/01/2022
1. As all the three bail applications arise out of same crime number,
they are being heard together and disposed of by this common
order.
2. This is sixth bail application of applicant- Anand Patel, third bail
application of applicant -Ishwar Dansena and fourth bail application
of applicant- Mirza Rahman. Earlier applications filed by applicants
came to be dismissed on merits.
3. Applicants have filed these applications under Section 439 of
Cr.P.C. for grant of regular bail as they have been arrested in
connection with Crime No.98/2020 registered at Police Station-
Gharghoda, District- Raigarh(C.G) for the offence punishable
under Sections 457, 506, 323, 342, 395 of IPC.
4. Case of prosecution is that applicants along with seven other co-
accused persons in the intervening night of 7.5.2021 and 8.5.2021
entered into premises of New Modern Technomac Pvt. Ltd. and
have robbed copper wire worth Rs.16 lakh. After commission of
crime all the accused persons fled away on Scorpio vehicle. Based
on memorandum statement of one Security Guard Basasnt
Rathiya, applicants along with others were arrested.
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5. Learned counsel for applicants would submit that after dismissal of
earlier applications, some of the wittinesses have been examined
before the trial Court and they have not supported case of
prosecution. Applicants have placed on record copy of deposition
sheets of witnesses including statements of other Security Guard
whom were stated to be present at the time of incident. He submits
that as many as seven witnesses have been examined till
5.10.2021 and they have not supported the case of prosecution.
Even the complainants have been examined before the trial Court.
There are as many as 17 enlisted witnesses out of which, only 7
witnesses have been examined till October 2021. Applicant- Anand
Patel is in jail since 16.5.2020, applicant- Ishwar Dansena is in jail
since 12.7.2020 and applicant Mirza Rahman is in jail since
17.5.2020 and thereby they have completed about more than one
and half year of pre-trial detention. He also submits that one of the
co-accused Reshamlal Rathiya against whom similar allegations
are levelled has been enlarged on regular bail by allowing his
second bail application under Section 439 of Cr.P.C. vide order
dated 4.10.2021 passed in MCRC No.7389 of 2021. Learned
counsel for the applicants submits that trial may take some time to
conclude, hence, they may be enlarged on regular bail.
6. Learned counsel for State opposes the submissi