VINOD KUMAR Vs. STATE OF C G
HIGH COURT OF CHHATTISGARH
State Of C G
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(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.
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