Mo. Shahjada v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2681 of 2021 • Mo. Shahjada, S/o Mo. Maksud Aalamn, aged about 50 Years, R/o Indira Nagar Bankimogra, Tahsil Katghora, District Korba (Chhattisgarh).

----Applicant

Versus

• State of Chhattisgarh, Through Police Station Kusmunda, District Korba, Chhattisgarh.

----Non-applicant For Applicant Shri V.V.S. Murthy, Senior Advocate with Shri Akath Kumar Yadav, Advocate.

For State Shri Ayaz Naved, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 02/07/2021

1. The matter is heard through Video Conferencing.

2. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.82/2021 registered at Police Station- Kusmunda, District Korba, C.G. for the offence punishable under Sections 452, 395, 294 & 506 of Indian Penal Code.

3. Case of the prosecution, in brief, is that on 10.03.2021 applicant along with other co-accused persons looted Rs.2,200/- from the pocket of the complainant- Ramnath Kenwat, abused him filthily and assaulted him by hands and fists. On report being lodged to

the above effect, the aforesaid offence has been registered against the applicant.

4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He submits that identification of seized article has not been done by the prosecution. He further submits that applicant has surrendered before the trial Court on 01.07.2021 as per the direction given by this Court on 25.06.2021. Applicant is in jail since 12.03.2021, charge sheet has already been filed, due to COVID 19-pandemic, conclusion of trial is likely to take some time. Therefore, the applicant be released on bail on the ground of parity.

5. On the other hand, learned counsel for the State opposes the bail application.

6.

Heard learned counsel for the parties.

7.

Considering the facts and circumstances of the case, the nature of allegation leveled against the applicant, the detention period of the applicant, who is 50 years old, charge sheet has already been filed, the fact that the applicant has no criminal antecedent and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by counsel for the parties and conclusion of trial may take some time, without expressing any opinion on the merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the applicant. Accordingly,

the application is allowed. It is directed that in the event of applicant executing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. (v) he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- Gautam Chourdiya Judge Akhilesh