Mohd. Harun Qureshi And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2385 of 2016 • Mohd. Harun Qureshi & Ors. S/o Wali Mohammad Aged About 43 Years R/o Darrighat, Police Station Masturi, Distt. Bilaspur Chhattisgarh • Mohd. Shish Qureshi @ Sheikh S/o Wali Mohammad Aged About 30 Years R/o Darrighat, Police Station Masturi, Distt. Bilaspur Chhattisgarh • Mohd. Farooq Qureshi S/o Wali Mohammad Aged About 35 Years R/o Darrighat, Police Station Masturi, Distt. Bilaspur Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Torva, Distt. Bilaspur Chhattisgarh ---- Respondent For applicants : Smt. Fouzia Mirza, Advocate For Respondent/State : Shri O.P.Sahu, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/05/2016 The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 49/2016, registered in Police Station Torva, District : Bilaspur for the offence punishable under Section 420/34 IPC.

2.

Applicants along with co-accused Mohd. Raes Khan all sons of Wali Mohammed have allegedly cheated the complainant and some other persons of Rs. 16,90,000/- while involving the victims in an event which is popularly called BC.

3.

Counsel for the State would oppose the bail application on the ground that poor persons have been robbed of their hard earned money and therefore the applicants do not deserve to be released on bail.

4.

Considering the fact that the applicants are in jail since more than three months, offence is triable by Judicial Magistrate First Class and there is no previous antecedent of similar nature against the applicants, this Court is inclined to release the applicants on bail subject to return of the amount of Rs. 16,90,000/- to the victims. Accordingly, the bail application is allowed. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs. 1,00,000/- with two sureties for the like amount to the satisfaction of the trial Court, they shall be released on bail. They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Before directing their release, the concerned Magistrate shall ensure that the amount has been refunded to the victims. Sd/- (Prashant Kumar Mishra) Vacation Judge suguna