Afzal Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7924 of 2019 • Ansim Ansari S/o Badaruddin Ansari Aged About 22 Years R/o Manpur, P.S. Ranka, District Gadhwa, Jharkhand. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent MCRC No. 543 of 2020 • Afzal Ansari S/o Badujama Ansari Aged About 19 Years R/o Manpur, P. S. Gadwa, District Gadwa, Jharkhand. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent For Applicants :

Mr. Jitendra Shrivastava, Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/02/2020

1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 213/2019 registered at Police Station Rajpur, Balrampur, District-Balrampur-Ramanujganj (C.G.) against applicants for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the IPC.

3. The prosecution story, in brief is that, complainant Abhishek

Goyal lodged a report against the present applicants. During the inquiry by the police from them about mining operation, they came to know that by using the truck No. JH-14-C-5346 belonging to the other co-accused Surendra Vishakarma and they misused the Royalty Book no. 10740 Pass No. A1073978 to 11074000 and issued the forged passes. Based on this, offence has been registered against the present applicants.

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicant are in jail since 28.09.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants 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 applicants and further considering the facts that the offence is triable by Judicial Magistrate First Class. The applicants are in jail since 28.09.2019, 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 applicants on bail. Accordingly, the applications are allowed.

8. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

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