SOMESH VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As above applications arise out of same crime number, they are being heard together and decided by this common order.

(2.) These are first applications under Sec. 439 of CrPC for grant of regular bail to applicants, who are in custody since 9/7/2021 in connection with Crime No. 97/2021 registered at Police Station Somni, District Rajnandgaon (CG) for commission of offence under Ss. 394, 386, 365, 395, 397, 398, 342, 364(A), 34 of IPC and Sec. 25, 27 of Arms Act.

(3.) Case of prosecution, in brief, is that on 9/7/2021 at about 9:45 a.m. applicant Somesh Vaishnav gave mobile call to complainant, called him stating that he will repay loan amount to him. When complainant reached the place as intimated by applicant Somesh, accused persons including present applicants forcibly put him inside a car and took him away. Accused persons assaulted complainant in running car and demanded ransom of Rs.30.00 Lakhs from him. In next morning at about 11:00 a.m. applicant gave mobile call to his friend by name Rajesh Sahu asking him help of Rs.30.00 Lakhs, to which Rajesh Sahu stated that he can arrange only Rs.10.00 Lakh, upon which complainant called him near Sahu Dhaba. Rajesh Sahu along with one Khilesh Dewangan reached at agreed place i.e. Sahu Dhaba, and made a call to complainant, whereupon accused persons came to Sahu Dhaba to collect money from Rajesh Sahu but he refused to give money to them saying that he will give money only to complainant and not others. Thereafter complainant along with one co-accused came to Sahu Dhaba where Rajesh Sahu and Khilesh Dewangan were sitting, Rajesh Sahu tried to handover cheque of Rs.10.00 Lakh to accused persons, but they refused to accept and took away complainant in car. On suspicion, Khilesh Dewangan reported the matter to concerned police station. When accused persons came to know that police are enquiring from owner of car in which they took complainant with them, they left complainant near Imam Chowk, Rajnandgaon after removing his clothes. Thereafter complainant lodged FIR in concerned police station on 9/7/2021 based upon which aforementioned crime is registered against applicants and two others.