Saddma Hussain And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4272 of 2016

1. Saddma Hussain S/o Dilbahar Aged About 21 Years Caste Muslim, R/o Village Kevra (Wrongly Mentioned As Shkevra), Tahsil & Police Station Pratappur, District Surajpur, Chhattisgarh.

2. Rahman Hussain S/o Dilbahar Aged About 21 Years Caste Muslim, R/o Village Kevra (Wrongly Mentioned As Shkevra), Tahsil & Police Station Pratappur, District Surajpur, Chhattisgarh.

3. Abrar Khan S/o Bhola @ Naseem Khan Aged About 22 Years R/o Village Kevra Jamti Para, Police Station & Tahsil Pratappur, District Surajpur, Chhattisgarh.

4. Bhola @ Naseem Khan S/o Alim Khan Aged About 41 Years R/o Village Kevra Jamti Para, Police Station & Tahsil Pratappur, District Surajpur, Chhattisgarh.

5. Shamim Khan S/o Alenavi Khan Aged About 27 Years R/o Girjapur, P.S. Patna, District Korea, At Present Kevra Jamti Para, P.S. & Tahsil Pratappur, District Surajpur, Chhattisgarh.

Applicants

Versus

State of Chhattisgarh through Station House Officer, Police Station Pratappur, District Surajpur, Chhattisgarh.

Respondents For the applicants :

Mr. Anil Gulati, Advocate For the Respondent :

Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 57 of 2016 registered at P.S. Pratappur, Distt. Surajpur (C.G) for the offence punishable under Sections 147, 148, 149, 294, 506B, 323, 342 & 365 of IPC.

2. As per the prosecution case, a complaint was made by Altaf Hussain that he alongwith his friends were adducted by the present applicants and other accused on 15.03.2016 and

subsequently they were recovered from the possession of the present applicants and other accused.

3. Learned counsel for the applicant submits that the applicants have been falsely implicated and similarly placed co-accused Md. Yaqub has been enlarged on bail by this Court in M.Cr.C.No.3588 of 2016 vide order dated 13.07.2016 and the case of present applicants is similar to that of co-accused, therefore, the applicants may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail. However, he do not dispute the fact that co-accused Md. Yaqui against whom similar allegations have been made as that of present applicants has been enlarged on bail this Court.

5. Taking into consideration such fact, without any observation on merits of the case, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o