Mohammad Rizwan Ansari & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5429 of 2018

1. Mohammad Rizwan Ansari S/o Maqsood Ansari Aged About 32 Years R/o Algchuwa, Post Sheetalpur, P. S. Karmatand District Jamtada Jharkhand

2. Mohammad Israiel S/o Ali Mohammad Ansari Aged About 36 Years R/o Amratand, Post Sheetalpur, P. S. Karmatand District Jamtada Jharkhand ---- Applicants

Versus

State of Chhattisgarh through the Station House Officer, Police Station Chakarbhata District Bilaspur CG ---- Respondent For applicant Mr. Raghvendra Pradhan, Adv.

For Respondent/State Mr. Satish Gupta, Govt. Adv.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 9-101. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 118/2018 registered in police station Chakarbhatha, Distt. Bilaspur (CG) for offence punishable under Section 420/34 of the IPC.

3. Prosecution story in brief is that on 5-5-2018 complainant Raju Sahu received a phone call in his mobile phone from Mobile No. 7258939677 and 9525110837. The Caller told the complainant that he is bank officer and obtained ATM number and OTP number of the complainant and other confidential information of the ATM card of the complainant. Thereafter Rs. 1,45,000/- was withdrawn from the account of the complainant. On the basis of memorandum of the applicant No. 1 Mohd. Rijwan Ansari, Rs. 50,000/- were seized and on the memorandum of applicant No. 2 Mohd. Israil Ansari, Rs. 75,000/- were seized from him.

4. Counsel for the applicants argued that the applicants are innocent and falsely implicated hence they be released on bail.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. He further submits that apart from present one, 6 other criminal cases of the same nature have also been registered against the applicants.

6. Prima facie, there is no such evidence that mobile No. 7258939677 and 9525110837 belong to the present applicants. The offence is triable by JMFC.

7. Looking to the above facts and circumstances of the case, looking to the facts that there is no likelihood of the accused to tamper the evidence, trial will take its own time, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicants. Consequently, the application is allowed. It is ordered that if each of the applicants furnishes two solvent sureties for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in any crime in future and they will appear before the concerned trial Court at 11 AM as and when directed till trial, they be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak