Bablu @ Jakir Hussain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1537 of 2019 • Bablu @ Jakir Hussain S/o Late Mukaddar Ali Aged About 46 Years R/o Irani Dera Kelabadi, Durg Tahsil And District Durg Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate Durg, (P. S. Kotwali, Durg), District Durg Chhattisgarh ---- Non Applicant For the Applicants :

Shri Rudra Nath Mukherjee, Advocate For the State :

Shri Ashutosh Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 02.04.2019 1.

This is the first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.694/2018 registered at Police Station- Kotwali Durg, District- Durg (C.G.) for the offence punishable under Sections 386, 392 & 397 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 21.08.2018 at about 7:20 am New Bus Stand Durg, applicant shown the knife to the complainant Dinesh and demanded Rs.500/-, threatened to kill him and his family members. Complainant afraid and gave Rs.500/- to applicant.

4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case and he further submits that FIR is delayed. Applicant is in jail since 12.09.2018. 5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that 48 other criminal cases have been registered against the applicant out of which 39 under IPC, 8 under Arms Act and 1 under Excise Act. 6.

Looking to the facts and circumstances of the case, looking to this fact that 48 other criminal cases have been registered against the applicant, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. 7.

Certified copy as per rules.

Sd/- /- (Sharad Kumar Gupta) Judge Parul