Mo. Jubair v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8655 of 2018 • Mo. Jubair S/o Jaleel @ Bijju Khan Aged About 27 Years R/o Talapara, Bhinde Ghodadana School, P.S. Civil Line Bilaspur, District- Bilaspur, CG ----Applicant

Versus

• State Of Chhattisgarh through Police Station- Civil Line Bilaspur, District- Bilaspur, Chhattisgarh.

----Non-applicant For Applicant : Mr. Badhuddin Khan, Advocate For Respondent/State : Smt. M. Asha, PL Hon'ble Smt. Justice Vimla Singh Kapoor order On Board 28/11/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of bail as he is in custody since 17.07.2018 in connection with Crime No.149/2018 registered at Police Station Civil Lines Bilaspur, for the offences punishable under Sections 294, 323, 327, 506, 34 IPC.

2.

As per the prosecution case, as the complainant did not meet out the demand of money made by the applicant for liquor, he started abusing him filthily and also assaulted him by chain. 3.

Counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. 4.

On the other hand, State counsel opposes the bail application. 5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, the fact that the challan has been filed and that the offences alleged is

triable by Magistrate, this Court is of the considered opinion that it is a fit case to release the applicant on bail.

7.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when to directed.

CC as per rules.

Sd/- (Vimla Singh Kapoor) Judge PAWAN