Hafizuddin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

MCRC No. 1718 of 2017 Hafizuddin S/o Hamiduddin, Aged About 23 Years R/o Afroz Bag Maudahapara, Police Station - Maudahapara, Raipur, District- Raipur, Chhattisgarh.

---- Petitioner

Versus

State Of Chhattisgarh Through, Station House Officer, Police StationMaudahapara, , Raipur, District- Raipur, Chhattisgarh. ---- Responde For applicant Ms. Sofia Khan, Adv.

For Respondent/State Mr. Sumit Jhanwar, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 28/03/2017

1. Heard finally.

2. The applicant has been arrested in connection with crime No. 198/2016 registered in PS Maudahapara, Raipur for the offence under Section 294, 323, 458 of the IPC and Section 25 and 27 of the Arms Act. Charge sheet has been filed before the Judicial Magistrate First Class Raipur and registered as Criminal Case No. 22231/2017.

3. Learned counsel for the applicant submits that the applicant has been arrested on 19-12-2016. The matter is triable by Magistrate First Class. As per MLC report, the complainant received abrasion caused by hard and blunt object which goes to show that the applicant has not used the knife. The applicant is a student and not convicted by any of the criminal court. Hence he may be enlarged on bail.

4. Per contra, learned counsel for the State opposed the bail application and submits that the applicant is a habitual offender and many cases have been registered against him.

5. Perused the material available.

6. Though the matter is triable by Magistrate first class but the earlier criminal antecedent of the applicant shows the conduct of the applicant prima facie.

7. On due consideration, I am not inclined to grant bail to the applicant. Hence the bail application is rejected.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak