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High Court Of ChhattisgarhMCRC/8984/2018allowed

Abdul Rizwan @ Bunty v. State Of Chhattisgarh

2019-03-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8984 of 2018 • Abdul Rizwan @ Bunty S/o Abdul Aziz Aged About 26 Years R/o Chota Lohar Para ,gali In Front Masjid Gandhi Bagh Police Station Ganeshpeth ,nagpur Maharashtra ,district Nagpur Maharashtra, District : Nagpur, Maharashtra ---- Petitioner

Versus

• State Of Chhattisgarh Through Civil Lines District Raipur Chhattisgarh District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant :

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

Shri S. K. Mishra, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/03/2019 Heard.

1.

This is a repeat bail application mainly on the ground of delay in trial and that the looted lady has not identified the applicant. Earlier bail application was rejected by this Court vide order dated 17-05-2018. 2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.501/2017 registered at Police Station Civil Lines, District Raipur for the offence punishable under Section 392 of IPC.

3.

Learned counsel appearing for the applicant submitted that this repeat bail application has been filed by the applicant mainly on the ground of delay in trial. It is submitted that the applicant is in jail since 05-08-2017 and there is no substantial progress in the trial, therefore, at this stage, the applicant may be granted bail.

4.

Learned counsel for the State/non-applicant opposes the application by submitting that recovery of looted chain is from the possession of the applicant

and the applicant has been duly identified.

5.

Taking into consideration the gravity of allegations against the applicant and the period, for which, he has already undergone, during which, he has remained in jail more than 1 & 1/2 years, I am inclined to grant bail to the applicant.

6.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- along with two local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date, unless exempted.

Certified copy as per rules.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane