Neelesh Tandan vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this application under Section 438 of Cr.P.C. for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.194/2024, registered at Police Station – Lormi, District – Mungeli (C.G.) for alleged commission of ofence punishable under Section 395 of Indian Penal Code (In short, IPC).

As per the case of the prosecution, is that the complainant Dharmpal Patre lodged report that on 03.05.2024 at about 5.00 PM evening he had come from Putkikhurd Pandariya to Amaldihi at house of his maternal uncle (Mama) Satpurush Dahire by motorcycle bearing registration No. CG-09-4927 to demand money for bore well and he had left for his village by motorcycle taking amount of Rs. 15,000/-from his maternal uncle. Rahasleela program was going on at Village Amaldihi, where the complainant started to watch the program and he was returning to his village Putkikhurd by his motorcycle via the way of Gondkhamhi at night at about 1:00 PM after watching the program. Then two persons were on the bridge of Khamhi Rahan River in Pulsar motorcycle bearing registration No. CG-10 BL-4631 and they parked the motorcycle between the bridge with indicator switched on and three persons were aged about 20-25 years. They stopped the motorcycle of complainant and started to assault by hand and punches and looted the amount of Rs. 15,000/- which was kept in back pocket of patloon, Vivo mobile phone and key of motorcycle and escaped from there. Thereafter, the complainant and narrated his maternal uncle about the incident. On the basis of the above complaint, the Police of Police Station Lormi District – Mungeli (C.G.) registered FIR for the ofence punishasble under Seciton 395 of Indian Penal Code against co-accused persons Anurag Khande, Bheem Khande, Gendram Kathle and two others. Hence, this application.

Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there is delay in lodging the complaint. The incidnet was occurred on 03.05.2024 at about 1.00 AM night but no any information was given to the Police by the complainant. Police Station Lormi is only 4 km far from the place of incident and house of the complainant but the complainant did not lodge any complaint on the date of ofence. After 5 days the complainant lodged FIR without mentioning suicient reason of delay in lodging FIR. It is further submitted that the complainant and accused persons are residing in same village and they acquainted very well to each other and they are friends also. The date of incident, the complainant and accused persons went to watch Rahasleela program and they were returning their house after watching Rahasleela program, a quarrel started between the complainant and accused persons. There is no any crime regarding loot. After the previous enmity the complaint lodged a false and fabricated report against the present applicant and other co-accused persons. Therefore, he prays for grant of anticipatory bail to the applicant.

Learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. It is further submitted that On 03.05.2024 at 5.00 pm, the complainant came from Putkikhurd Pandaria to his maternal uncle Satpurush Dahire's house in Amaldihi on a motorcycle to ask for money for bore mining and after taking the entire amount of Rs. 15,000/- from his maternal uncle, he left on a motorcycle to go to his village. At that time, a Rahasleela program was going on in Amaldihi village itself, where the complainant stopped and started watching the program and after watching the program at around 1.00 am, he was going to his house Putkikhurd via Gondkhamhi on a motorcycle, then, on the bridge built on the Khamhi Rahn river, two persons without masks were riding a Pulsar motorcycle number CG 10 BL 4631 and had parked the vehicle in the middle of the bridge with the indicator on and three people of about 20-25 years of age, those three stopped the vehicle and caught hold of his hand and started beating him with slaps and ran away after robbing Rs. 15,000/- kept in the back pocket of his pant, Vivo mobile and the keys of the vehicle. Therefore, the present anticipatory bail application is liable to be rejected.

I have heard learned counsel for the parties and perused the material annexed with the application.

Considering the fact and circumstances of the case, submissions of learned counsel for the parties, nature and dispute between the parties, and from the perusal of the case diary it transpires that On 03.05.2024 at 5.00 pm, the complainant came from Putkikhurd Pandaria to his maternal uncle Satpurush Dahire's house in Amaldihi on a motorcycle to ask for money for bore mining and after taking the entire amount of Rs. 15,000/- from his maternal uncle, he left on a motorcycle to go to his village. At that time, a Rahasleela program was going on in Amaldihi village itself, where the complainant stopped and started watching the program and after watching the program at around 1.00 am, he was going to his house Putkikhurd via Gondkhamhi on a motorcycle, then, on the bridge built on the Khamhi Rahn river, two persons without masks were riding a Pulsar motorcycle number CG 10 BL 4631 and had parked the vehicle in the middle of the bridge with the indicator on and three people of about 20-25 years of age, those three stopped the vehicle and caught hold of his hand and started beating him with slaps and ran away after robbing Rs. 15,000/- kept in the back pocket of his pant, Vivo mobile and the keys of the vehicle, thus, this Court deems it appropriate to reject the anticipatory bail application of the applicant.

Accordingly, the Anticipatory Bail application of the applicant – Neelesh Tandan, iled under Section 438 of Cr.P.C. Crime No.194/2024, registered at Police Station – Lormi, District – Mungeli (C.G.) for alleged commission of ofence punishable under Section 395 of IPC, is rejected.