Nabi Ahmad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1806 of 2019 Nabi Ahmad S/o Mohammad Ishaq Aged About 50 Years R/o Sector - 7, Bhilai, Gali No. 38, A - 2-C, Police Station Kotwali, District Durg Chhattisgarh., District : Durg, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Hirri District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh . ---- Respondent For the Applicant :

Shri D.C. Verma, Advocate For the State :

Shri Ashutosh Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.34/2019 registered at Police Station Hirri, District Bilaspur (C.G.) for the offence punishable under Section 25 of Arms Act.

3. Case of the prosecution, in brief is that on 15/02/2019 at about 15.30 hours at Amsena Chowk from the vehicle bearing registration number C.G.08 5192 one sword and two iron rods were seized, said vehicle was in possession of the applicant.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case. He further argued that there is discrepancy in FIR and Mouka Panchnama, thus he may be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submitted that 25 other criminal cases have been registered against the applicant, out of which 11 under IPC, 12 under CrPC, 1 under Excise Act and 1 under Gambling Act.

6. Counsel for the applicant further submitted that last case was registered against the applicant in the year 2015 and all criminal cases are minor.

7. Looking to the facts and circumstances of the case,looking to the fact that 25 cases have been registered against the applicant, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde