Chattisgarh High Court
Zishan Ali vs State Of Chhattisgarh on 30 July, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
(Proceedings through Video Conferencing)
MCRC No. 4956 of 2021
Zishan Ali, S/o Faizal Ali, Aged About 24 Years, R/o Kabaadi
Chowk, K.K. Road, Moudhapara, District Raipur, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh, Through- SHO Police Station Supela,
District- Durg, Chhattisgarh. ---- Non-Applicant
For Applicant : Shri B.P. Singh, Advocate
For Non-Applicant/State : Smt. Deepti Shukla, P.L.
Hon'ble Justice Shri Gautam Chourdiya
Order on Board
30.07.2021
1) The applicant has preferred this First Bail Application under
Section 439 of Code of Criminal Procedure, 1973 as he is in jail
since 01.10.2020 in connection with Crime No. 560/2020
registered at Police Station- Supela, District- Durg (C.G.) for the
offence punishable under Section 457, 380, 34 of IPC.
2) Case of the prosecution, in brief, is that the present applicant
alongwith other co-accused persons illegally entered the shop of
the complainant by breaking open the lock and stole 25 numbers
of new mobile phones of different companies, 6 numbers of old
mobile phones, 1 mobile repairing machine, accessories and
cash of Rs. 500/-,total valuing Rs. 2,00,000/-.
3) Learned counsel for the applicant submits that the applicant has
been falsely implicated in the crime in question, he further
submits that earlier similar offence was registered against the
present applicant and other co-accused person bearing crime
number 127/2021 and both of them have been acquitted by the
trial Court vide judgment dated 4th of June, 2021 (annexure A/2).
In the present case, charge-sheet has already been filed, the
applicant has been arrested on 01.10.2020, there is no likelihood
of the applicant tampering with the prosecution evidence or
absconding and due to Covid-19 trial is likely to take some time
for its final disposal, therefore, the applicant be released on bail
by this Court.
4) On the other hand, learned counsel for the Non-Applicant/State
opposes the bail application.
5) Having heard learned counsel for the parties, the nature of
allegation made against the present applicant, the fact that
applicant and co-accused person have already been acquitted
by the trial Court in similar offence, charge-sheet has already
been filed, the detention period of the applicant, who is 24 years
old and there is no likelihood of the applicant tampering with the
prosecution evidence or absconding as admitted by both the
counsels and due to Covid-19 conclusion of trial may take some
time, without commenting anything on merits of the case, the
application is allowed.
6) It is directed that in the event of the applicant executing a
personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.
1,00,000/- each to the satisfaction of the concerned trial Court, he
shall be released on bail, on following conditions :-
(i) he shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such fact to the Court,
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, and
(iii) he shall appear before the trial Court on each and
every date given to him by the said Court till disposal of
the trial,
(iv) he shall strictly follow the COVID-19 protocol issued
by the Central Government/State Government/Local
Authority,
(v) he shall not involve himself in any offence of similar
nature in future.
Let a copy of this order be forwarded to the
concerned police station forthwith who shall inform the
trial Court in the event of applicant involving himself in
similar offence in future.
Sd/-
(Gautam Chourdiya)
Judge
Nadim
