Mohd. Kalam Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2660 of 2020 • Mohd. Kalam Khan S/o Mohd. Sakur Aged About 26 Years R/o Karkali, Police Station Kusmi, District Balrampur-Ramanujganj, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station, Kusmi, District Balrampur-Ramanujganj, Chhattisgarh, ---- Respondent For Applicant : Shri Gautam Khetrapal, Advocate For Respondent/State : Shri Devendra Pratap Singh, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 15/05/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 47/2020 registered at police station Kusmi, district Balrampur-Ramanujganj (CG) for the offence punishable under Sections 411 and 201/34 IPC. As per prosecution case, report was lodged by the complainant alleging that on the date of incident, he along with his companion had gone to the village market and while returning, on the way they stopped near the liquor shop and were consuming liquor, at that time, his bike which was parked nearby, has been stolen.

Counsel for the applicant submits that the applicant has been falsely implicated. He submits that the applicant is in jail since 29.04.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Taking into consideration the submissions of the counsel for the parties and nature of offence, I am inclined to enlarge him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court on the condition that he shall appear before the trial court regularly on each and every date of hearing unless and until exempted, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna