Jwala Uikey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3963 of 2017 • Jwala Uikey S/o Shri Rakesh Uikey Aged About 30 Years R/o Village- Changorabhatha, Mathkodwa Para, Police Station Deen Dayal Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Deen Dayal Nagar, District Raipur, Chhattisgarh.

---- Respondent For Applicant : Shri Dhirendra Kumar Shukla, Advocate For Respondent/State : Shri Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 17.7.2017 Heard the matter finally.

2.

This is an 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.75/2017 registered in Police Station DD Nagar, Distt. Raipur (CG) for the offence punishable under Sections 25 & 27 of the Arms Act, 1959.

3.

Learned counsel for the applicant submits that the applicant has been arrested on 09.3.2017, after investigation, concerned police has filed charge sheet, which is pending before Judicial Magistrate First Class, Raipur as Criminal Case No.2943/17. Learned counsel for the applicant would submit that the applicant is in custody since 09.3.2017 and though earlier 20 matters have

been registered against the applicant but all are disposed of. Hence, he may be granted bail.

4.

Per contra, learned counsel for the State opposes the arguments advanced on behalf the applicant on the basis of the following criminal antecedent reported against the applicant which are as under:

Sl.

No.

Crime No.

Offence U/S 01.

11/33/2005 151, 107, 116(3) of Cr.P.C 02.

239/496/2006 151, 107, 116(3) of Cr.P.C 03.

58/52/2007 41(2), 109 Cr.P.C.

04.

30/12/2008 41(2), 110, Cr.P.C.

05.

130/107/2008 41(2), 109 Cr.P.C.

06.

90/2009 151, 107, 116(3) of Cr.P.C 07.

146/192/2010 151, 107, 116(3) of Cr.P.C 08.

119/14/2010 41(2), 110, Cr.P.C.

09.

25/06/2011 41(2), 110, Cr.P.C.

10.

62/47/2011 41(2), 109, Cr.P.C.

11.

11/13 151, 107, 116(3) of Cr.P.C 12.

04/04 41(2), 110, Cr.P.C.

13.

172/06 25 & 27 of Arms Act, 1959 14.

105/10 294, 323, 506B, 34, 324 IPC 15.

195/04 294, 323, 506B, 34, 325 IPC 16.

198/11 25 & 27 of Arms Act, 1959 17.

23/12 294, 323, 506B, 34 IPC 18.

132/12 25 & 27 of Arms Act, 1959 19.

270/12 294, 323, 506B IPC 20.

290/12 294, 506B, 354, 34 IPC 21.

296/12 25 Arms Act, 1959 22.

137/13 25 Arms Act, 1959 23.

206/13 34 Excise Act, 1915 5.

Perused the entire material.

6.

There is no material to demonstrate that all the above mentioned matters registered against the applicant are closed or the applicant has been acquitted or the matters are still pending. Looking to the number of criminal antecedent reported against the applicant including many similar nature of matters, I am not inclined to grant bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini