Najmuddin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

• Najmuddin, S/o Tajuddin, aged about 25 years, R/o- Village - Premnagar, Thana -Chakradhan Nagar, Civil & Revenue Distt.- Raigarh, District Raigarh (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through, Police Chowki - Jutmill, District Raigarh (C.G.) ---- Non-applicant For Applicant:

Shri Sanjay Agrawal, Advocate.

For Non-Applicant/State:

Shri Suvigya Awasthi, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/07/2015 Heard.

(1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 441/2015 registered at Police Station Jutmil, Distt. Raigarh for the offences punishable under Sections 414 & 413 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant is found in possession of stolen property. Further case of the prosecution is that applicant is habitual in dealing with stolen property and assisting the concealment of the stolen property and, thereby,

committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has falsely been implicated in the crime in question as he has not committed any offence. He further submits that applicant is in jail since 2.6.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State submits that applicant has criminal antecedents of the offence under Section 379 of the Indian Penal Code.

(5) Taking into consideration the facts & circumstances of the case; looking to the nature & gravity of the offence; and his past criminal antecednt ; I am not inclined to release the applicant on bail. Therefore, the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-