Satyendra Kumar vs State Of Chhattisgarh

This case was heard and closed for orders on 10.02.2023. However, while dictating the order some queries were required to be answered by the State counsel, therefore, it has been relisted for today.

This first 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. 988/2022 registered at Police Station – Khamtarai, District Raipur, CG for the offence punishable under Sections 420, 467, 468, 471 & 120-B IPC.

Case of the prosecution in short is that co-accused Nagendra Kumar Sinha took the vehicle of complainant Anuj Kumar Singh on monthly rent of Rs. 80,000/-. On 14.11.2022 the complainant received an information on phone that his vehicle was parked in the Bhanpuri yard belonging to Upendra Sharma and an attempt was being made for its sale. On 16.11.2022 the complainant went there, saw his vehicle and found that its appearance was substantially changed. He enquired from the yard owner Upendra Sharma about the vehicle and then came to know that it was purchased by him from one Ashok Agrawal and Shahabuddin alias Subbu Kaji. Thereupon, report was lodged, the offece as described above was registered, and the investigation was carried out.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that apart from the memorandum of the co-accused there is no legally admissible evidence against the applicant. He submits that tendency of the Police in the absence of legally admissible evidence is to record the memorandum and narrate the entire story in it and thereby causing prejudice in the mind of the Court. He submits that this tendency has been depricated by Hon’ble the Apex Court in the matter of Venkatesh @ Chandra and another etc. vs. State of Karnataka reported in 2022 LiveLaw (SC) 387. According to the counsel for the applicant, the name of the applicant is not reflected in the statement of the complainant or in the FIR. According to him, only the memorandum of the applicant was recorded and no recovery was made from him. He further submits that the applicant is in jail since 20.11.2022, that the charge sheet has been filed, and that the trial may take some more time for conclusion, therefore, the applicant may be released on bail.

State counsel opposes the application for bail and submits that the applicant is a member of a gang which is involved in taking the vehicles on rent and then selling the same at a lower price after changing the number plate, chassis number and also manipulating the documents. He submits that during investigation it has been revealed that the applicant hatched conspiracy with other accused persons, changed the registration number of the vehicle/truck, its appearance, the chassis number and thereby caused loss to the complainant. Being all this, counsel for the applicant submits that the application for bail is liable to be rejected. He made a submission that in case this Court is going to grant bail, local surety may be asked for as the applicant happens to belong to State of Bihar. To this, counsel for the applicant agrees readily.

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 applicant is in jail since 20.11.2022, that the trial may take some time for conclusion, and keeping in mind the decision of the Apex Court referred to above, without commenting on merits of the case, this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when so directed.

Applicant shall not involve himself in any criminal activity and if anything as such comes to the notice of the Court below, it may cancel the bail granted to him.