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High Court Of ChhattisgarhMCRCA/1808/2020rejected

Kabuli Ali v. State Of Chhattisgarh

2021-06-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1808 of 2020 • Kabuli Ali S/o Late Rashid Ali, Aged About 22 Years (Wrongly Mention Kabli In Impugned Order) R/o Mela Para Irani Mohalla Chantidih Ps Sarkanda Tahsil And District Bilaspur Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Koni Bilaspur, District Bilaspur Chhattisgarh ---- Respondent For Applicant : Shri Dheerendra Pandey, Advocate For Respondent /State : Shri Sudeep Verma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 09/06/2021 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 167/2020 registered at Police Station Koni, district Bilaspur (CG) for the offence punishable under Section 395 IPC.

Case of the prosecution in brief is that complaint was lodged by the complainant alleging that on 09.08.2020, when he was coming from Ramtala through Ashok Nagar to Shanichari Bilaspur for buying ration, on the way, he was stopped by five persons including the applicant and they looted cash of Rs. 3400/- and mobile.

Contention of the counsel for the applicant is that the applicant has been falsely implicated in the present case. He further submits that

he has involved in the crime only on the basis of the number of the motor bike given by the complainant though his name does not find place in the FIR. He submits that in the present circumstances of the pandemic Covid-19, the investigation will take time and therefore he may be granted bail.

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

Having heard counsel for the parties and considering the totality of the facts, in particular, the nature of allegation against the applicant, this Court is of the view that it is not a fit case to grant anticipatory bail to the applicant. Accordingly, the application is rejected. Sd/- (Rajani Dubey) Judge suguna