Maddasir Ansari v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1731 of 2018 • Maddasir Ansari S/o Lt. Shams Zia Ansari Aged About 19 Years R/o Village Barpali, Police Station Champa, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Champa, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Ms. Bulbul Agrawal, Advocate.

For Respondent/State :

Mr. Ashok Swarnkar, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 25/04/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.41/2018, registered at Police Station- Champa, District - Janjgir Champa(C.G.) for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 25 of the Arms Act read with 34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Applicant is in jail since 2.2.2018. No case is made out against this applicant. After completion of investigation, charge-sheet has been filed. Hence, it is prayed that he may be released on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that applicant has been previously

Page No.2 prosecuted for offence under Sections 294, 506 & 323 of IPC and looking to his involvement in criminal activities, he is not entitled for grant of bail.

4. Heard both the parties and perused the case diary.

5. According to the case of prosecution, on the date of incident this applicant was present on the spot along with 4 other persons armed with weapons for the purpose of committing the offence of Dacoity. Police party raided and apprehended the applicant on the spot. One air-gun was seized from the possession of this applicant. Hence, this case.

6. After due consideration on all the material present in the case diary and for the reason that applicant is young man of tender age, I am of this view that the applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha