High Court Of ChhattisgarhMCRC/6923/2015allowed

Arif Khan v. State Of Chhattisgarh

2015-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6923 of 2015 Arif Khan, son of Hasan Khan, aged about 29 years, resident of Jhariyapali Tahsil & Police Station Gharghoda, District Raigarh (CG).... Applicant Vs.

State of Chhattisgarh, through Police Station Gharghoda, District Raigarh (C.G) ...

Respondent For the applicant :

Mr. Ashish Gupta, Advocate.

For the Respondent :

Mr. Sameer Behar, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.12.2015

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 286 of 2015 registered at Police station Gharghoda, Distt. Raigarh (C.G) for the offences punishable under sections 341, 323, 394/34 of IPC.

2. As per the prosecution case, on 06.09.2011 a complaint was made that the applicant along-with other accused tried to snatch a bag from the complainant and also assaulted him by way of club.

3. Learned counsel for the applicant submits that in the FIR only one person was named whereas the charge sheet has been filed against three persons. He further submits that the applicant has not been identified and has been falsely implicated in this case.

4. Per contra, learned State Counsel opposes the prayer for grant of bail.

5. Having regard to the nature of allegations against the applicant and the fact that he has not been identified and has been roped in on the basis of memorandum and the charge sheet has been filed and further looking to the detention period of the applicant as he is stated to be in jail since 10.09.2015, without any observations on merits of

the case, I am inclined to release him on bail.

6. Accordingly, this bail petition is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao