Alijama Ansari v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5206 of 2018 • Alijama Ansari S/o Mohd. Baseem Aged About 62 Years R/o Ghutrapara, Mayapur, Ward No. 41, P. S. Ambikapur District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner
Versus
• The State Of Chhattisgarh Through The Police Station Ambikapur District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For Applicant :
Shri P. K. Patel, Advocate For Respondent/State :
Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31/08/2018 Heard.
1.
The aforesaid application is repeat bail application. Earlier bail application was rejected by this Court vide order dated 13-04-2018. 2.
The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.161/2017 registered at Police Station Ambikapur, District Surguja for the offence punishable under Section 354 of IPC and Section 8 of the Protection of Children from Sexual Offences Act.
3.
Learned counsel appearing for the applicant submitted that this repeat bail application has been filed by the applicant mainly on the ground of long detention during trial. It is submitted that the applicant is in jail since 16-01-2018 and there is no substantial progress in the trial, therefore, at this stage, the applicant may be granted bail.
4.
Learned counsel for the State/non-applicant opposes the application by submitting that earlier bail application of the applicant was rejected on merits. 5.
Taking into consideration the submission of learned counsel for the
parties and totality of the circumstances, particularly taking into consideration the submission that till date, prosecution evidence has not begun and the trial is likely to be delayed and also that the applicant is in jail since 16-01-2018, I am inclined to grant bail to the applicant.
6.
Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with two local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date, unless exempted.
Certified copy as per rules.
SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane