Mohd. Hafijul Ansari @ Nicky v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.564 of 2016 Mohd. Hafijul Ansari @ Nicky, S/o Mohd. Moin Ansari, aged about 25 years, R/o Near Rajpoot Hotel, Ghutrapara, Ambikapur, P.S. & Tahsil Ambikapur, Distt. Surguja (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Kotwali, Ambikapur, Distt. Surguja (C.G.) ---- Non-applicant For Applicant:

Mr. Awadh Tripathi, Advocate.

For Non-applicant:

Mr. Dheeraj Kumar Wankhede, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/02/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.360/2015, registered at Police Station Kotwali, Ambikapur, Distt. Surguja, for the offence punishable under Sections 302, 397, 460, 411 and 201 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that Neeru Kujur was murdered by the applicant and other co-accused persons.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case. There is no evidence against the present applicant. The applicant is in jail since 26-9-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel would oppose the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, consequent recovery of mobile, evidence available and the fact that bail application of co-accused Bablu Kumar Sonwani has been rejected, I am not inclined to grant bail to the applicant. The application is, therefore, rejected. Sd/- (Sanjay K. Agrawal) Judge Soma