Decided on April 26,2005

State Of C G Respondents


- (1.) HEARD . The applicants have preferred this application for grant of bail under section 439 of the Cr.P.C. who are in custody in connection with Crime No. 7/2005 registered in Police Station Bagbahar for the offences punishable under sections 399/402 of the IPC and section 25 of the Arms Act. Case of the prosecution is that on 2-3-2005 at about 0.30 hours the Police acting upon the information given by the informer raided the place of incident at village Kudkel Khajri where the applicants along with other accused persons namely Vishram, Ramlal, Lal Sai, Vinod, Sukheram, Rajesh Kumar, Mur Sai and Vijay Ram were also present who were armed with sword, iron rod and bamboo stick and were planning to commit dacoity Five of the accused persons were arrested on the spot but however, accused Sukheram, Moor Sai and Vijay Ram were able to escape there from. Learned counsel for the applicants submits that the applicants are the local residents and they have been falsely implicated in the case. On the other hand learned counsel for the respondent/ State submits that on inquiry it was found that the applicants were planning to commit dacoity and had the police not raided the spot timely, they would have successfully executed their plan. However, learned counsel for the respondent is not able to show as to in which place the dacoity was being planned by the accused persons. Taking into consideration the facts and circumstances of the case and perusing the case diary this Court is of the view that it is a fit case where the applicants can be granted the benefit of bail. Accordingly, the application is allowed and applicants namely Vinod kumar and Rajesh Kumar are directed to be released on bail on each of them executing a bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the concerned Court. In view of this order IA No. 659/2005 stands disposed of. Bail Granted.;

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