Love Kumar Kaiwartya And Ors vs State Of Chhattisgarh

Sanjay K. Agrawal, J

Proceedings of these matters have been taken up through video conferencing.

Since the aforesaid two bail applications have been filed against the same crime number i.e. Crime No.679/2020, they are being disposed of by this

common order.

These are the first bail applications filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who

have been arrested in connection with Crime No.679/2020, registered at Police Station-Sarkanda, District-Bilaspur (CG), for the offence punishable

under Sections 419, 420, 467, 468, 471 and 120B of the IPC.

Case of the prosecution, in brief, is that the present applicants along with three other co-accused namely Savitri, Om Prakash and Kaushal Prasad

cheated the complainant and thereby committed the aforesaid offences.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have falsely been implicated in crime

in question. They would further submit that co- accused Savitri @ Savita Sahu, Om Prakash and Kaushal Prasad Miri have been enlarged on bail by

this Court in M.Cr.C.Nos.931/2021, 1565/2021 and 622/2021 and the case of the present applicants is similar to that of the co-accused who have been

enlarged on bail. Applicant-Love Kumar Kaiwartya is in jail since 11.2.2021 and applicant-Gazi Khan is in jail since 12.2.2021, as such, they are also

entitled for grant of bail.

On the other hand, learned counsel for the State would submit that the case of the present applicants is identical to that of the co-accused who have

been enlarged on bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicants, their detention

period and the fact that the case of the present applicants is similar to that of co-accused Savitri @ Savita Sahu, Om Prakash and Kaushal Prasad

Miri who have been enlarged on bail in M.Cr.C.Nos.931/2021, 1565/2021 and 622/2021, this Court is of the opinion that present is a fit case, in which,

the applicants should be enlarged on regular bail.

Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of ₹25,000/- each with one surety in the like

sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Certified copy today.