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High Court Of ChhattisgarhMCRC/9311/2020allowed

Abdul Hamid Raza v. State Of Chhattisgarh

2021-01-20Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on 14.1.2021 Order delivered on 20.01.2021 MCRC No. 8363 of 2020 • Smt. Sultana Wahida W/o Iqbal Ahmed Aged About 48 Years R/o Village- Dharsinwa, Ward No. 8, Police StationDharsinwa, District-Raipur (Cg) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S.- Dharsinwa, District- Raipur (Cg) ---- Respondent MCRC No. 8853 of 2020 • Sahil Khan S/o Khaleel Khan Aged About 38 Years R/o Ward No. 13, Dharsiwa, P.S.- Dharsiwa, Dist. Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Dharsiwa, Dist. Raipur, Chhattisgarh ---- Respondent MCRC No. 9016 of 2020 • Mohd. Iqbal Quereshi S/o Late Noor Mohammad Querishi Aged About 51 Years Resident Of Ward No. 16, Dharsiwan , Police Station District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwan, Civil And Revenue District Raipur Chhattisgarh.

---- Respondent MCRC No. 9205 of 2020 • Raju Khan S/o Khedva Khan Aged About 36 Years R/o Ward No. 12, Dharsiva, District Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfficerDharsiva District Raipur, Chhattisgarh ---- Respondent MCRC No. 9311 of 2020 • Abdul Hamid Raza S/o Late Shri Moh. Ismile Aged About 37 Years R/o Ward No. 19, Dharsiva P/s Dharsiva, Distt. Raipur Civil And Revenue Distt. Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Dharsiva Raipur Chhattisgarh.

---- Respondent For Respective Applicants :- Ms. Nirupama Bajpayee, Mr. Ajay Mishra, Mr. Sunil Verma, Mr. Rahil Arun Kochar & Mr. Anchal Kumar Matre, Advocate For Respondent /State :- Mr. Ravish Verma, Govt. Advocate

Hon'ble Mr. Justice Prashant Kumar Mishra CAV Order

1. Heard.

2. Since all the bail applications are arising out of the same crime number, they are being heard and decided by this common order.

3. The applicants have preferred these bail applications under Section 439 of CrPC, as they are arrested in connection with Crime No.438/2020, registered at Police Station Dharsinwa, District-Raipur C.G., for the offence punishable under Sections 294, 323, 506, 147, 148, 149, 307, 34 of the I.P.C. and Section 25, 27 of the Arms Act.

4. On account of some dispute, a quarrel took place between the accused party and the injured party at about 12.30 pm (afternoon) on 11-10-2020, for which the injured party lodged a report against the members of the present accused party, which was registered as Cr.No.437 of 2020. The accused party became annoyed and enraged because of lodging of the report by the injured party and reached their house at about 9.00 pm. After brief quarrel and assault the accused party went back but returned armed soon thereafter and caused stab injuries to Gitesh Pandey, Suresh Pandey, Keshav Sahu, Naresh Pandey & Ravishankar Sahu.

5. Learned counsel for the State, per contra, would oppose the

bail applications.

6. As per the material available in the case diary, it is manifest that Abbas Khan inflicted stab injury by a knife over person of Suresh Pandey; Wahid inflicted stab wound to Keshav Sahu & Naresh Pandey; and Nishar Quereshi inflicted stab injury on the person of Ravishankar Sahu. Against the present applicants, there is no allegation of causing stab injury to any of the injured. They are in detention since 1210-2020 (Smt. Sultana Wahida, Mohd. Iqbal Quereshi & Raju Khan); 22-10-2020 (Sahil Khan); and 12-11-2020 (Abdul Hamid Raza).

7. Considering all relevant aspects of the matter and for the fact that these applicants are not responsible for causing stab injuries to any of the injured, I am inclined to release the applicants on bail.

8. Accordingly, all the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. SD/- (Prashant Kumar Mishra) Judge Gowri