Md. Musaa And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 896 of 2017

1. Md. Musaa, S/o Md. Harun Aged About 32 Years R/o Dholapada, Police Station- Gangoh, District- Saharanpur, Uttar Pradesh

2. Md. Aasif S/o Rukmuddin Aged About 30 Years R/o Dholapada, Police Station- Gangoh, District- Saharanpur, Uttar Pradesh --- Applicants

Versus

• State of Chhattisgarh through- S.H.O. Police Station-Abhanpur, Raipur, District- Raipur, Chhattisgarh --- Respondent For the applicant :

Mr. Pushkar Sinha, Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.02.2017

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. 252/2016 registered at P.S. Abhanpur, Raipur, Distt. Raipur (C.G) for the offence punishable under Sections 458, 392, 397 of IPC and sections 25 & 27 of the Arms Act.

2. As per the prosecution case, on 31.08.2016 the applicants entered into the house of complainant and on the gun point looted certain amount and different articles. Subsequently the applicants were arrested and they were also identified.

3. Learned counsel for the applicants would submit that they have been falsely implicated in this case; they are in jail since 01.10.2016 and no further investigation is necessary, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the statements of complainant and other witnesses and further considering the fact that the applicants were identified, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o