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2025 DAILYLAW 20695 (CHH)

BUDESHWAR RATRE v. STATE OF CHHATTISGARH

MCRC/3463/2025 · 2025-05-05

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:20386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3463 of 2025 1. Budeshwar Ratre S/o Bharat Ram Ratre, aged about 20 years, R/o Village Manikpur (Dibrapara), Post/Police Station & Tahsil-Korba, District-Korba, (C.G.). 2. Kuldeep Patel alias Ballu (Bablu) S/o Lakhanlal Patel aged about 26 years, R/o Village- Manikpur (Dibrapara), Post/ Police Station & Tahsil-Korba, District Korba, (C.G.) ... Applicants Versus State of Chhattisgarh, through Station House Officer, Police Station Ramanujnagar, District Surajpur, (C.G.) ... Respondent For Applicants : Mr. D.N. Prajapati, Advocate. For State : Mr. Ajay Pandey, G.A. Hon'ble Smt. Justice Rajani Dubey Order on Board 05.05.2025 1. The accused/applicant has moved this First bail application under Section 483 of Code of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as they have been arrested in connection with Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Crime No. 148 of 2022, registered at Police Station- Ramanujnagar, District- Surajpur (C.G.) for the offences punishable under Sections 395 and 412 of the Indian Penal Code. 2. The prosecution story, in brief, is that in the intervening night of 27.06.2022 the applicants came in pick-up van, threatened complainant Chetan Prajapati and committed robbery of 40-42 iron centering plates and 5 mobiles. On the report of complainant Chetan Prajapati, offence has been registered and the applicants have been taken into custody on 02.07.2022. 3. Learned Counsel for the applicant submits that the present applicants are innocent and have been falsely implicated in the crime in question. He further submits that no Test Identification Parade has been conducted in the case to demonstrate that the applicants were involved in the alleged crime. He also submits that the similarly placed co- accused have already been enlarged on bail by coordinate bench of this Court vide order dated 16.11.2022 passed in MCRC No. 9011/2022, vide order dated 07.12.2022 passed in MCRC No. 10102 of 2022 and other co-accused have been granted bail by this Court vide order dated 07.11.2022 passed in MCRC Nos. 8935/2022, 9021/2022, 9113/2022 & 9282/2022 and vide order dated 29.11.2022 passed in MCRC No. 9692 of 2022 and MCRC No. 9796 of 2022. It is further submitted that the applicants are in jail since 02.07.2022, there is no likelihood of their cases being decided in near future, therefore, the present applicants may also be extended privilege of regular bail. 4. On the other hand, learned State counsel opposes the bail application. 3 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the nature and gravity of the offence, also considering the facts and circumstances of the case, particularly considering the fact that similarly placed co-accused have already been enlarged on bail and applicants are in jail since 02.07.2022 and their trial is likely to take some time for its final disposal, this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail application is allowed. 7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge U.K. Raju