DEEPAK CHAUHAN Vs. STATE OF C. G.

JUDGEMENT

(1.) As both the above first bail applications under Sec. 439 of Cr.P.C. preferred by the applicants arise out of the same crime number i.e. 652/2020 registered in Police Station- Lormi, District Mungeli (CG) for the offence punishable under Sec. 395/34 of IPC, they are being disposed of by this common order.

(2.) Case of the prosecution is that on 19/12/2020 complainant Gokaran Singh Chaturvedi lodged a written report in Police Station Lormi, District Mungeli stating that on 17/12/2020 at about 11:15 pm while he was returning to his house by motorcycle from Chhotu Dhaba, some unknown persons stopped him on the way and looted his motorcycle bearing registration No. CG 28 B - 9376. He also stated in that report that thereafter he came to his house and since the key of his room was with the key of motorcycle, therefore, he sat outside of his room on the platform. He stated that again 5-6 persons came there, they looted Rs.18,000.00 from him and his Oppo-mobile. When the complainant shouted, his neighbour Narendra Rajput opened the door of his house, and seeing the neighbour of the complainant, the accused persons fled from there. During investigation, accused persons were arrested by the police including applicants Deepak Chauhan, Prashant Gulahare & coaccused Kuberchand.

(3.) Shri Ashok Verma, Shri Gajendra Kumar Sahu and Shri Achyut Tiwari, Advocates, appearing on behalf of the applicants, submit that the applicants have been falsely implicated in this crime. They submit that in test identification parade, applicants Deepak Chauhan and Prashant Gulahare have not been identified by the complainant and no seizure was made from the applicants. Learned counsel for the applicants also submit that applicants are languishing in jail since 19/12/2020 and conclusion of the trial is likely to take some time. Therefore, applicants be released on bail.