M. M. Tajuddin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 655 of 2020 • M. M. Tajuddin S/o Late S. M. Nizamuddin Aged About 42 Years R/o Kelabadi, Durg, Tashil And District - Durg Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Khairagarh, District Rajnangaon Chhattisgarh. ---- Respondent For Applicant : Shri Lav Kumar Ramteke, Advocate For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 13/03/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 289/2019 registered at police station Khairagarh, district Rajnandgaon (CG) for the offence punishable under Sections 294,323,365,506,34,394 and 120-B IPC. As per prosecution case, report was lodged by the complainant alleging that the applicant and co-accused persons came to his house to show him demo of magic and took him in their car to some lonely place where he was beaten up and looted him of Rs. 22,000/- and mobile.

Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He further submits that similarly placed co-accused has been granted bail by this Court vide order dated 16.12.2019 in M.Cr.C. No. 6976/2019 and therefore the present applicant may also be granted the benefit. He submits that the offence is triable by Magistrate and the charge sheet has been filed. He submits that the applicant is in jail since 18.10.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation and detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna