SUNIL NISHAD Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) Both these applications are disposed of by this common order as they are arising out of the same crime number. The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No. 20/2013 registered in Police Station Suhela, Distt. Baloda Bazar - Bhatapara (C.G.) for offence punishable under Section 395, 412 & 414 of IPC.

(2.) 10 accused persons went to the spot where a transmission line was erected by EMC Company and for that iron rod, nut bolt, cement etc were kept by the contractor. Two watchmen namely Vishwanath Mehta and Chalitar Rishidev were deputed to guard the materials. The accused persons assaulted the said watchmen, covered them by blanket and thereafter looted iron articles, cement etc. worth Rs. 2,52,000/-.

(3.) Learned counsel for the applicants would submit that they have been falsely implicated and the identification by Vinod and other witnesses is defective. They would submit that the applicants are entitled to be released on bail because two persons who were not involved in the dacoity were also identified as culprits. For applicant Sunil Nishad it has been argued that he was not involved in committing dacoity and his driver Dushyant has used the tractor owned by him, therefore he deserves to be released on bail.