← Library
High Court Of ChhattisgarhMCRC/270/2020allowed

Irfan Ahmad v. State Of Chhattisgarh

2020-02-25Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 262 of 2020 • Irfan Ahmad S/o Barar Ahmad Aged About 35 Years R/o Besides Inder Kirana Stores, Shyaam Nagar, Jal Vihar, Police Station- Telibandha District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- D.D. Nagar, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 272 of 2020 • Irfan Ahmad S/o Barar Ahmad Aged About 35 Years R/o Besides Inder Kirana Stores, Shyaam Nagar, Jal Vihar, Police Station Telibandha, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Rajendra Nagar, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 270 of 2020 • Irfan Ahmad S/o Barar Ahmad Aged About 35 Years R/o Besides Inder Kirana Stores, Shyaam Nagar, Jal Vihar, Police Station - Telibandha District - Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station - Pandri, District - Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Devershi Thakur, Adv.

in all three MCRCs.

For Respondent/State :

Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board

25/02/2020

1. As all three MCRCs arise out of same applicant, they are being heard and disposed of by this common order.

2. The accused/applicant has moved these first bail applications under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 87/2019 in MCRC No. 262/2020 registered at Police Station D. D. Nagar, District-Raipur (C.G.), Crime No. 155/2019 in MCRC No. 272/2020 registered at Police Station Rajendra Nagar, District-Raipur and Crime No. 180/2019 in MCRC No. 270/2020 registered at Police Station Pandri, DistrictRaipur for the offence punishable under Sections 457, 380, 34 of the IPC.

3. It is alleged that the present applicant is an auto driver and with the help of other co-accused breaking into the houses of different complainants, and committed theft. The applicant had been subject to interrogation where he has confessed in his memorandum of 5 incidents in a single memorandum. Based on this offence has been registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 05.05.2019 and, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application.

6. I have heard learned counsel for the parties and perused the case diary.

7. Taking into consideration the nature and gravity of the

offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 05.05.2019 and, the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the applications are allowed.

8. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- in each crime with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu