Altaf Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6212 of 2017 Altaf Khan, S/o. Mohamed Najir, Aged About 18 Years, R/o. Juna Bilaspur, Police Station City Kotwali, Tahsil & District Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police StationTarbahar, District Bilaspur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Amit Singh, Advocate For Respondent :

Mr. S.K.Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.12.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.227/2017 registered at Police Station- Tarbahar, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 384, 294, 506-B, 324/34 of Indian Penal Code.

2.

As per the prosecution case, the applicant alongwith other coaccused demanded money from the complainant and when the complainant refused then one of the accused assaulted him with the help of Knife which resulted simple injury in the finger of the complainant.

3.

Learned counsel for the applicant would submit that the similarly placed co-accused have been enlarged on bail by the co-ordinate Bench of this Court on 28.11.2017 in MCRC No.6128 & 6397 of 2017 and the case of the present applicant is similar to that case, therefore, the present applicant may also be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the similarly placed co-accused have been enlarged on bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that the similarly placed co-accused have already been enlarged on bail, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok