Chattisgarh High Court
Ravi Navik @ Pokde vs State Of Chhattisgarh on 24 November, 2021
Page 1 of 4
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8159 of 2021
1.
Ravi Navik @ Pokde S/o Shri Ram Prakash Navik, Aged About
23 Years, R/o Mahuwa Dafai, Haldibadi, Chirmiri, Police Station
And Tahsil Chirmiri, District Koriya (C.G.).
---- Applicant
Versus
1. State Of Chhattisgarh, Through Station House Officer, Police Of
Police Station Chirmiri, District Koriya (C.G.).
---- Non-Applicant
For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.
For Non-Applicant/State : Mr. Rahim Ubwani, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya
Order on Board
24/11/2021
1) This is the Second Bail Application filed by the applicant under
Section 439 of Code of Criminal Procedure, 1973 for grant of
bail. First Bail Application i.e. MCRC No. 5983/2021 was
dismissed as withdrawn vide order dated 09/09/2021.
2) The applicant is in jail since 22/06/2021 in connection with Crime
No. 176/2021 registered at Police Station Chirmiri, District Koriya
(C.G.) for the offence under Sections 384, 394, 506, 323, 347
read with section 34 of Indian Penal Code.
3) Case of the prosecution, in brief, is that a report was lodged by
complainant Shahil Singh alleging in it that on 21.06.2021 co-
accused Preeti Pandey took him to Haldibadi Manglam Hotel,
where the friends of Preeti Pandey namely applicant Ravi Pokde
and co-accused Sunil Nahak were present. After taking meals in
the said hotel, co-accused Preeti Pandey told the complainant to
make a telephonic call to his mother saying that he is marrying
Preeti and ask for money from his mother and if he will not call,
she will implicate him in rape case. When the complainant
refused to call his mother, applicant Ravi Pokde and co-accused
Sunil Nahak caused hurt to complainant by hands and fists and
robbed mobile phone and motorcycle of the complainant.
4) Learned counsel for the applicant submits that the applicant has
been falsely implicated in the crime in question. He submits that
similarly situated co-accused Kumari Preeti Pandey and Sunil
Nahk @ Khanna have already been granted regular bail by this
Court vide order dated 09/09/2021 passed in MCRC No.
5158/2021 & MCRC No. 6042/2021 respectively. He further
submits that charge sheet has already been filed, applicant is in
jail since 22/06/2021. He submits that there is no apprehension
of the applicant tampering with the evidence or absconding and
trial is likely to take some time for its disposal. Therefore, the
applicant be released on bail.
5) On the other hand, learned counsel for the State opposes the
bail application. However, the applicant has as many as 06
criminal antecedents i.e. Crime No. 419/2016 under Sections
294, 506, 323/34 of IPC, Crime No. 91/2017 under Sections 294,
324,/34 of IPC and Section 25 & 27 of the Arms Act, Crime No.
419/2017 under Section 394 of IPC, Crime No. 291/2018 under
Sections 294, 506, 323/34 of IPC, Crime No. 216/2019 under
Sections 294, 506 & 323/34 of the IPC and Crime No. 94/2021
under Sections 456, 352, 294, 506/34 of the IPC. This apart
certain preventive actions were also taken against the applicant
bearing Istagasha No. 18/2018 under Section 151 of Code of
Criminal Procedure, Istagasha No. 30/2018 under Section 110 of
Code of Criminal Procedure, Istagasha No. 46/2019 under
Section 151 of Code of Criminal Procedure, Istagasha No.
07/2019 under Section 110 of Code of Criminal Procedure and
Istagasha No. 31/2020 under Section 110 of Code of Criminal
Procedure.
6) Heard learned counsel for the parties.
7) At this stage learned counsel for the applicant submits that the
applicant has already acquitted in Crime No. 419/2018 of the
charge under Section 394/34 of Indian Penal Code vide
judgment dated 15/05/2018 and he has also acquitted in Crime
No. 91/2017 of the charge under Section 324/34 of IPC & under
Sections 25 & 27 of the Arms Act vide judgment dated
24/06/2019. Copy of the said judgments of acquittal have
already been submitted alongwith covering memo.
8) Considering the facts and circumstances of the case, true it is
that applicant has as many as 06 criminal antecedents, however
he has been acquitted in 02 cases under Sections 394/34,
324/34 of IPC and Section 25 & 27 of the Arms Act, the
detention period of the applicant who is 23 years old, charge
sheet has already been filed, there is no apprehension of the
applicant tampering with the evidence or absconding as
admitted by both the counsel, in particular the fact that similarly
situated co-accused have already been released on bail by this
Court and that conclusion of trial may take some time, the
application is allowed. It is directed that in the event of the
applicant executing a personal bond for a sum of Rs. 2,00,000/-
with two sureties of Rs. 1,00,000/- each to the satisfaction of the
concerned Trial Court, he shall be released on bail on the
following conditions:-
i. he shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such fact
to the Court,
ii. he shall not act in any manner which will be prejudicial to
fair and expeditious trial,
iii. he shall appear before the trial Court on each and every
date given to her by the said Court till disposal of the trial,
iv. he shall strictly follow the COVID-19 protocol issued by the
Central Govt./State Govt./Local Authority,
v. he shall not involve himself in any offence of similar nature
in future.
Let a copy of this order be forwarded to the concerned
Police Station forthwith who shall inform the trial Court in the
event of applicant involving himself in similar offence in future.
-Sd/-
(Gautam Chourdiya)
Judge
Chandrakant
