Irfan Aalam v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
3 813 of 2015 • Irfan Aalam, aged about 20 years, S/o Safir Aalam, R/o Basra, Police Station Hajipur, District-Vaishali (Bihar), at present R/o Tivraiya, Police Station-Dharsiwa, Civil & Revenue District Raipur (C.G.) ---- Applicant
Versus
• State Of Chhattisgarh Through- Station House Officer, Police Station Dharsiwa, District: Raipur (C.G.) ----Non-applicant For Applicant:
Mr. Abhishek Sharma, Advocate.
For Respondent/State:
Mr. Neeraj Jain, Govt. Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.
(1) The accused/applicant has moved 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. 163/2015 registered at Police Station Dharsiwa, District Raipur for the offences punishable under Section 307 of the Indian Penal Code and Sections 25 & 27 of the Arms Act. (2) Case of the prosecution is that on 09.06.2015 applicant assaulted complainant - Mohan Lal Chandravanshi by knife, by which, he suffered grievous injuries, which were sufficient to cause his death.
(3) Counsel for the applicant submits that the applicant has falsely been implicated in the offence in question as there is no evidence on record to connect the applicant with the crime in question. He further submits that applicant is in jail 10.06.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail.
(4) On the other hand, counsel for the State opposes the bail application.
(5) Taking into consideration the facts & circumstances of the case; considering the role of the present applicant in the offence in question; further considering the facts that applicant is in jail since 10.06.2015; and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-