Mahmood Ahmed @ Chhotu v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5709 of 2019 • Mahmood Ahmed @ Chhotu S/o Zaabir Ali Aged About 21 Years R/o Village- Beldarhi, Post - Kaithapur Police Station- Lambhua, DistrictSultanpur (Uttar Pradesh), District : Sultanpur, Uttar Pradesh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police StationChhavni, District- Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Navin Shukla, Advocate For Respondent/State : Shri Akhtar Hussain, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 06.11.2019 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.132/2019, registered at Police Station Chhavni, District Durg(CG) for the offence punishable under Sections 394, 120-B of the IPC and Sections 25 and 27 of the Arms Act.
3.
As per the case of prosecution, the applicant along with two other persons looted a sum of Rs.9,19,000/- from the complainant while he was going to deposit the said amount of his Company Krishna Commercial, along with one Dubey Ram in the Union bank at Supela Chowk. Matter was reported and the applicant was taken into custody.
4.
Learned counsel for the applicant submits that the applicant has not committed any offence. He submits that the applicant is a student and nothing has been seized from the possession of the applicant. He further submits that the applicant is in jail since 21.6.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is in jail since 21.6.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with two local sureties of the like amount to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial. 10.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita