Sheikh Akhtar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3311 of 2018 Sheikh Akhtar, aged about 23 years, S/o Sheikhtaj, R/o R.D.A. Colony, Buriyakhurd, Police Station Tikrapara, Tehsil and District Raipur (CG) ---Applicant

Versus

State of Chhattisgarh Through Police Station Tikrapara, District Raipur (CG) ---Non-Applicant For Applicant :

Mr.Sunil Otwani, Advocate For Non-Applicant :

Mr.Ashish Surana, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 25/06/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.610/2017, registered at Police Station-Tikrapara, District-Raipur (CG), for the offence punishable under Sections 294, 506, 323 and 326/34 of the IPC. 2.

Case of the prosecution, in brief, is that the the applicant and two co-accused persons caused grievous injuries to the complainant and thereby committed the offences.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 21.2.2018, charge-sheet has been filed and co-accused have been released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application and submit that grievous injury was caused by the present applicant.

5.

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

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant and his pre-trial detention from 21.2.2018, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-