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2025 DAILYLAW 40384 (CHH)

RISHIKESH BEHERA @ SONU v. STATE OF CHHATTISGARH

MCRC/6670/2025 · 2025-09-03

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:45261 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6670 of 2025  Rishikesh Behera @ Sonu, S/o Kirtiram Behera, Aged About 32 Years, R/o Village- Bicchiya, Police Station- Saraipali, District- Mahasamund (C.G.) ---- Applicant Versus  State of Chhattisgarh Through : The Police Station – Saraipali, District Mahasamund (Chhattisgarh) ---- Respondent For Applicant : Mr. Kishore Narayan, Advocate. For Respondent. : Ms. Nandkumari Kashyap, P.L. Hon'ble Smt. Justice Rajani Dubey Order on Board 04 /09/2025 1. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he is arrested in connection with Crime No. 46/2020 registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the offence punishable 2 under Sections 379, 427, 34 of IPC. 2. Allegation against the applicant is that he along with other accused persons stolen oil from the transformer and set it on fire causing loss to the tune of Rs.48,369/- to the State exchequer and thereby committed the offence punishable under Sections 379, 427, 34 IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. Learned counsel referring para 9 of the judgment dated 27.07.2024 passed in S.T. No.28/2020 in respect of co-accused Ramdular Chauhan, submits that the eye witness Gajanand Patel (PW-1) has not named the applicant. Even the name of applicant does not find place in the FIR. Learned counsel also submits that the applicant is behind the bar since 15.06.2025 and similarly situated co- accused person namely Ramdular Chauhan in MCRC No.2741/2020 was granted bail by co-ordinate Bench vide order dated 29.05.2020, therefore, the present applicant may also be extended privilege of regular bail. 4. Counsel for the State however opposes the application for regular bail. 5. Considering the totality of the facts and circumstances of the 3 case and further considering order dated 29.05.2020 passed in MCRC No.2741/2020 granting bail to co-accused person, I am inclined to release the applicant on regular bail. 6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- - 25,000/- with two sureties in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court concerned on each and every date given to him by the said Court. Sd/- (Rajani Dubey) pkd Judge Digitally signed by VIJAY BHARATRAO PEKDE