Hafizuddin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3194 of 2020 • Hufizuddin S/o Hamiduddin aged about 27 years, R/o Afroz Bag, Gali No. 3, Maudahapara, P.S. Maudahapara, Raipur, Tahsil & District-Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - P.S. Azad Chowk, Raipur, District-Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. N. Naha Roy, Adv.

For Respondent/State :

Mr. K. K. Singh, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10/08/2020

1. Heard on admission.

2. Admit.

3. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 21/2020 registered at Police Station Azad Chowk, Raipur, District-Raipur (C.G.) for the offence punishable under Sections 294, 323, 506, 324, 307, 34 of the IPC and 25, 27 of the Arms Act.

4. The prosecution story in brief is that, on 30.01.2020 while the complainant was stood near Haidari masjid along with his friend subjected to abuse by the accused persons and on restraining them from doing so they assaulted with the knife, due to which he sustained injuries. Based on this, offence has been registered against the present applicant and other co-accused persons.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and there is no previous criminal antecedent against the applicant. He next submits that the applicant is in jail since 02.02.2020, there is no likelihood of his case being decided in

near future, therefore, the present applicant may be released on bail.

6. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

7. I have heard learned counsel for the parties and perused the case diary.

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 02.02.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

9. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local 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.

Sd/- (Rajani Dubey) Judge H.L. Sahu