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High Court Of ChhattisgarhMCRC/6591/2018allowed

Afsar Ali v. State Of Chhattisgarh

2018-10-04Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6591 of 2018 • Afsar Ali S/o Sharafat Ali, aged about 34 years, R/o Irani Dera City Station, Kusht Basti, Tarun Nagar, P.S. - Civil Line, Raipur (C.G.) Present address Irani Colony Urkura Road, Daldal Sivni, P.S. - Vidhan Sabha, Raipur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh - Through : P.S. Civil Line, Raipur, District Raipur (C.G.) ---- Respondent For Applicant.

:

Shri Syed Imtiaz Ali, Advocate.

For Respondent. :

Shri Dilman Rati Minj, Dy.G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board /10/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 14.08.2018 in connection with Crime No.44/2014 registered at Police Station : Civil Line, Raipur, District Raipur (C.G.) for the offence punishable under Section 306/34 IPC.

2.

Brief facts of the case are that on 04.06.2014 the applicant was granted bail by the Court below and he was securing his presence before it as and when directed but on 09.01.2017 he could not appear before the trial Court as a result of which warrant of arrest has been issued against him and he has been arrested on 14.08.2018 and sent back to jail.

3.

Learned counsel for the applicant submits that the applicant could not appear before the trial Court on 09.01.2017 as he was arrested in connection with another criminal case. It has been further submitted that in another case the applicant has been released on bail by this Court.

4.

On the other hand, State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, in particular the fact that earlier also the applicant was granted bail by the trial Court, this Court is of the opinion that it is a fit case to release the applicant on bail. 7.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge Vijay