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Aslam Ali vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 10 July 2018 · Citation: (2018) 07 CHH CK 0018

HON’BLE JUDGES
GOUTAM BHADUR, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Prevention of Corruption Act, 1988 — Section 147, 148, 323, 427, 452, 506B
RESULT
Allowed
CASE NUMBER
MCRC No. 3143, 4290, 4654 of 2018
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Judgment

18 paragraphs · 363 words
1.

Since all these bail applications are arising out of the same crime number, therefore, they are being heard and decided together by this common

order.

2.

These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in

connection with Crime No.131/2018 registered at Police Station Torwa, District Bilaspur (CG) for the offence punishable under Sections 147, 148,

323, 427, 452, 506-B IPC.

3.

As per the prosecution case, a report was made by Ram @ Ram Prasad on 08.04.2018 that the applicants along with the others were abusing him

after consuming liquor, having objected to the same, they entered into a scuffle for which a report was made. Subsequently, on the next date i.e. on

09.04.2018 again on 8.15 pm the applicants came along with the other persons and pressurized him to take back the report and thereafter assaulted

the complainant by forcefully entering into the house.

4.

Learned counsel for the applicants submit that the applicants have been falsely implicated over a dispute and except Section 452 IPC all the

offences are bailable. They further submit that the applicant Nirmal Das is in jail since 10.04.2018, applicant Aslam Ali is in jail since 04.06.2018, and

the applicant Rahul Yadav is in jail since 30.05.2018 and the charge-sheet in this case has been filed, therefore, the applicants may be released on bail.

5.

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

6.

Considering the facts and circumstances of the case and further taking into that the applicant Nirmal Das is in jail since 10.04.2018, applicant Aslam

Ali is in jail since 04.06.2018, and the applicant Rahul Yadav is in jail since 30.05.2018, I am inclined to release the applicants on bail.

7.

Accordingly, all the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond in

sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and

every date given by the said Court.