Chattisgarh High Court
Montu @ Sumit Kumar Kenwat vs State Of Chhattisgarh on 21 December, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 9766 of 2021
1. Montu @ Sumit Kumar Kenwat S/o Gaya Prasad Kenwat
Aged About 31 Years R/o Jamuna Collory P.S. Bhalumada
District Anuppur Chhattisgarh.
2. Virendra Pratap Singh @Gudda S/o Krishnapal Singh Aged
About 28 Years (Name Wrongly Mentioned In Cause Title.)
R/o Jamuna Collory P.S. Bhalumada District Anuppur
Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh Through The Sho P.S. Pendra District
Gourela Pendra Marwahi Chhattisgarh.(Wrongly Mentioned
Bilaspur In Impugned Order)
---- Respondent
For Applicants :- Mr. Avinash Chand Sahu, Advocate
For Respondent-State :- Mr. Afroj Khan, PL
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
21/12/2021
1. The applicants have preferred this first bail application under
Section 439 of the Cr.P.C. for grant of regular bail as they
are arrested in connection with crime No.89/2013 and S.T.
No.43/2013 pending before ASJ, Pendra Road registered in
Police Station Pendra, District Gourela Pendra Marwahi
C.G. for the offence punishable under Section 395 of the
I.P.C. and Section 25, 27 of the Arms Act.
2. Case of the prosecution, in brief, is that when complainant
was engaged in construction work in Pendra Bilaspur Road
under SST Company, on 25.3.2013, he was going to railway
station Gaurela at about 12:10 pm some unknown persons
came there in a scorpio vehicle and committed loot of
Rs.300 cash , mobile and motor cycle, for which offence has
been registered.
3. Learned counsel for the applicant submits that the present
applicants are innocent and have been falsely implicated.
He would further submit that applicants are in jail since
04.10.2021 and; other accused persons were acquitted in
ST No.43/2013 by ASJ, Pendra Road vide judgment dated
19.11.2014, therefore, the present applicant may also be
enlarged on bail.
4. Per contra, learned State counsel would oppose the prayer
for grant of bail.
5. Considering the facts and circumstances of the case
particularly the fact that other accused person have already
been acquitted by ASJ, therefore, without commenting on
merits, this Court is inclined to release the applicants on bail.
6. Accordingly the bail application is allowed. It is directed that
in the event of each of the applicants' executing a personal
bond for a sum of Rs. 10,000/- with two sureties for the like
amount to the satisfaction of the trial Court, they shall be
released on bail on the following conditions:-
(a) they shall not directly or indirectly make any
inducement, threat or promise to any persons
acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the
Court.
(b) they shall not act in any manner which will be
prejudicial to fair and expeditious trial, and
(c) they shall appear before the trial Court on each
and every date given to them by the said Court
till disposal of the trial.
(d) the applicants and the sureties shall submit a
copy of their adhaar card along with a coloured
postcard full size photo having printed the
adhaar number on it, which shall be verified by
the trial Court.
(e) they shall not involve themselves in any offence
of similar nature in future.
SD/-
(Deepak Kumar Tiwari)
Judge
Ayushi
