Saddam Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7833 of 2018 • Saddam Ansari S/o Saharuddin Ansari Aged About 26 Years R/o Village Lakrakhonda Post Charakmara, Police Station Sarath, District Devghar Jharkhand ---- Applicant

Versus

• State of Chhattisgarh Through The Police Station Arang, District Raipur Chhattisgarh ---- Respondent For Applicant :

Shri N. Naha Roy, Advocate For Respondent/State :

Shri Aditya Sharma, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/10/2018

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 on 28.01.2018 in connection with Crime No.54/18 registered at Police Station Arang, Dist: Raipur (CG) for the offence punishable under Sections 399 & 402 IPC and Section 25 of the Arms Act, 1959.

2. As per the prosecution case, the applicant on 28.01.2018 while was making preparation of committing dacoity was caught red handed.

3. Learned counsel for the applicant submits that there is no iota of evidence against the applicant and only on the basis of the presumption, the applicant

has been arrested, therefore, the applicant may be released on bail.

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

5. Perused the case-diary. Considering the facts and circumstances, it appears that only a mobile was recovered from the possession of the applicant and also taking into that the applicant is in jail since 28.01.2018, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- Goutam Bhaduri Judge Ashu