Irfan Qureshi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8067 of 2016 Irfan Qureshi, S/o. Usmaan Qureshi, Aged About 20 Years, R/o. Near Shivmandir Rajatalab Royal Bakery, Police Station- Civil Line, Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station- Amanaka, Raipur, District Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Syed Imtiaz Ali, Advocate For Respondent :

Mr. Wasim Miyan, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.12.2016 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.529/2011 registered at Police Station- Amanaka, Raipur, District Raipur (C.G.) for the offence punishable under Section 395 & 120-B of Indian Penal Code.

2.

This is a case of bail jump. Perusal of the order shows that the applicant was earlier bailed; subsequently, he remained absent on 13.01.2015 and thereafter the arrest warrant was issued and consequent upon that the applicant was arrested on 11.11.2016. 3.

Learned counsel for the applicant would submit that the father of the applicant died, therefore, he went to Uttar Pradesh and could not come back, therefore, he jumped the bail. He further submits that the charge sheet has been filed and the applicant is in jail since 11.11.2016, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that on earlier occasion the applicant was enlarged on bail and he is in jail since 11.11.2016, I am inclined to release the applicant on bail. 6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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