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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