Aalam Sheikh vs State Of Chhattisgarh
2023 Latest Caselaw 202 Chatt

                                                                             NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR
                          MCRC No. 8435 of 2022

     Aalam Sheikh S/o Irfan Sheikh Aged About 45 Years R/o Narayanpur
     Babutola Police Station Rajmahal, District : Sahibganj, Jharkhand

                                                                     ---Applicant
                                     Versus
      State Of Chhattisgarh Through Police Station- City Kotwali Ambikapur,
      District : Surguja (Ambikapur), Chhattisgarh
                                                               ----Non-applicant

                       MCRC No. 8794 of 2022
   1. Jimmedar Shekh S/o Shri Sattar Shekh Aged About 35 Years R/o
      Rajmahal Mojbani Chak, Police Station - Rajmahal, District -
      Sahebganj, Jharkhand.
   2. Asagar Shekh S/o Shri Emul Shekh Aged About 19 Years R/o Naya
      Bajar Rajmahal, Police Station - Rajmahal, District - Sahebganj,
      Jharkhand.
   3. Asalam Shekh S/o Shri Samusuddin Shekh Aged About 42 Years R/o
      Fulbariya Mod, Police Station - Rajmahal, District - Sahebganj,
      Jharkhand.
                                                                     ---Applicants
                                      Versus
      State Of Chhattisgarh Through - The Station House Officer, Police
      Station - Ambikapur, District - Sarguja, Chhattisgarh.
                                                                  ----Non-applicant
For Applicants      Shri Vineet Kumar Pandey and Shri Rishi Rahul Soni,
                    respective Advocates.
For State           Ms. Smriti Shrivastava, P.L.
                 Hon'ble Shri Justice Sachin Singh Rajput
                             Order on Board
11/01/2023

   1. Since both applications are arising out of the same crime number, therefore,
      they are being disposed of by common order.

   2. The applicants have preferred the first bail applications under Section 439 of
      CrPC for grant of regular bail as they have been arrested in connection with
      Crime No.280/2022 registered at Police Station City Kotwali, Ambikapur,
      District Surguja (C.G.) for the offence punishable under Sections 399, 402 of
      IPC and Section 25, 27 of Arms Act.

   3. Case of the prosecution in brief is that on 31/03/2022 at about 11.30 p.m.
      during search applicants along with co-accused assembled together to
      commit dacoity and made preparation to commit dacoity with the arms and
      other articles and police has arrested the applicants.

   4. Counsel for the applicants submits that they have not committed any crime
         and they have been falsely implicated and no recovery of any arms was
        affected from their possession, applicant are in jail since 01/04/2022, trial is
        not concluded as yet, even some of the witnesses have been examined
        including the seizure witnesses and they have not supported the case of the
        prosecution and they rely upon the judgment of Hon'ble Supreme Court in
        the case of Chaturi Yadav and others vs. State of Bihar reported in
        (1979) 3 SCC 430 and order passed by this Court in                      MCRC
        No.9894/2022 on 20/12/2022, therefore, they may be enlarged on bail.

   5. On the other hand, counsel for the respondent/State opposes the bail

application and submits that applicants were arrested and the evidence so collected by the prosecution prima facie discloses their involvement in the aforesaid crime.

6. At this stage, learned counsel for the State submits that the applicant s are resident of State of Jharkhand and for their presence before the trial Court, local surety may be sought in case bail is granted. For which counsel for the applicants does not object and submits that they are ready and willing to furnish local surety.

7. Heard learned counsel for the parties, considering their rival submissions.

8. Looking to the facts and circumstances of the case, nature of the allegations, evidence collected so far, statement of the seizure witnesses and also placing reliance in the order of this Court in MCRC No.9894/2022 on 20/12/2022 and looking to the detention period of the applicants, charge- sheet have already been filed, trial is likely to take some time for disposal, co-accused has been granted regular bail by this Court. Accordingly, the applications are allowed. It is directed that in the event of applicants executing a personal bond for a sum of Rs. 25,000/- with one local surety to the satisfaction of the concerned Trial Court, they shall be released on bail.

9. The applicants shall not influence any of the witnesses acquainted with the facts of the case in any manner whatsoever, and that if anything like this comes to the notice of the Court below, it may cancel the bail granted to them. It is also made clear that applicants shall not leave the State of Chhattisgarh without prior permission of the trial Court.

Sd/-

Sachin Singh Rajput Judge Kamde