Amjad Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8182 of 2016 Amjad Khan S/o Japhar Khan Aged About 31 Years Occupation - Business, R/o Bilaimuda, Police Station Himgir, District - Sundargarh Oddissa (Wrongly Mentioned is Applicant Name Vijay Yadav In The Impugned Order, Page No. 7) ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station - Chakradharnagar, District Raigarh Chhattisgarh ---- Respondent For applicant - Shri Deepak Kumar Singh, Advocate. For Respondent/State - Shri Wasim Miyan, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 21/12/2016 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed as withdrawn on 23/11/2016 vide M.Cr.C. No.7247/2016 with liberty to repeat the same after filing of the charge sheet.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.321/2016 registered in Police Station Chakradharnagar, District Raigarh (CG) for offence punishable under section 25 of Arms Act.

3.

As per the prosecution case, on an information received on 30/09/2016 and on raid being conducted from the applicant two live catridges were recovered and from the other two accused Shivshankar and Harsh Dev two country made pistol were recovered. 4.

Learned counsel for the applicant submits that charge sheet has been filed on 27/11/2016, no further investigation is necessary, therefore the applicant may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail.

6.

Charge sheet in this case has been filed. Taking into nature of allegation and the recovery has already been made, no further investigation is necessary, this court is inclined to release the applicant on bail.

7.

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

Sd/- (Goutam Bhaduri) JUDGE gouri