Shekh Saddam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2444 of 2019 Shekh Saddam S/o Shekh Nazeer Aged About 22 Years R/o Eidgahbhata, Raipur, Tahsil and District Raipur, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Ajad Chowk, District Raipur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Mr. Soumitra Kesharwani, Advocate For Respondent/State : Mr. Amit Singh, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 10/05/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 76/2019, registered at Police Station- Ajad Chowk, District-Raipur (C.G.) for the offence punishable under Sections 25 & 27 of Arms Act.

2. As per prosecution story, on 06.03.2019, on the basis of information received from the informant, it is alleged that Applicant namely Shekh Saddam was waving a knife and threatened the nearby public. On the basis of said information, police officials reached the spot and seized one knife from the possession of the present Applicant. On the basis of the said, offence has been registered. The Applicant has been taken into custody on 06.03.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. He further submits that the Applicant has no previous antecedents. He also submits that the Applicant is in custody since

06.03.2019, charge sheet has been filed and trial is likely to take some time, therefore, the Applicant may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, particularly considering that Applicant has no previous antecedent, he is in custody since 06.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing personal bond for a sum of Rs.20,000/- with one local solvent surety to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Saurabh/Prakash