Mublik Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5309 of 2020 • Mublik Khan, S/o. Mubarak Khan, Aged about 61 years, R/o. Village Jamunia, P.S.Sahpur Lohara, District Kabirdham CG ---- Applicant

Versus

• State Of Chhattisgarh, Through district Magistrate, district Kabirdham CG ---- Respondent For Applicant : Shri Avinash Chand Sahu, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 03/09/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 175/2019 registered at police station Sahpur Lohara, district Kabirdham (CG) for the offence punishable under Section 420/34 IPC.

As per prosecution case, the applicant and his son are engaged in the business of grain trading. It is alleged that they purchased the grains from villagers and did not pay the consideration. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 27.05.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 1,00,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna