Mohd. Aarif v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2823 of 2019 • Mohd. Aarif S/o Mohd. Aasif Meman Aged About 30 Years R/o Sukwari Bazar, Nagar Nigam Hospital Wali Gali, Gudiyari, Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gudiyari Raipur, Civil And Revenue District Raipur Chhattisgarh ---- Non Applicant For the Applicant :

Ms. Sunita Sahu, Advocate For the State :

Shri SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 09.05.2019 1.

This is the first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.470/2018 registered at Police Station- Gudiyari Raipur, District- Raipur (C.G.) for the offence punishable under Section 395 of Indian Penal Code and Section 25(1-B) (B) of Arms Act.

3.

Case of the prosecution, in brief is that on 06.11.2018 at about 00:30 hrs complainant Shani Bajaj was going to his house by Activa bearing registeration No. CG 04 HJ 6181. Near the Bajrangbali Temple, Daldal Shivni, Raipur 4 unknown persons took said vehicle and 1 I-phone bearing Sim number 9827877778. on the memorandum of applicant one knife was seized from him.

4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that 32 other criminal cases have been registered against the applicant, out of which 17 under IPC, 2 under Excise Act and 13 under CrPC. 6.

Looking to the above mentioned facts and circumstances of the case, looking to this fact that 32 other criminal cases have been registered against the applicant, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. 7.

Certified copy as per rules.

Sd/- Sd/-Sd/- (Sharad Kumar Gupta) Judge Parul