In a first criminal bail application under Section 439 Cr.P.C. for offences under Sections 407 and 408 IPC, the High Court dismissed the plea, refusing bail due to the seriousness of the case and noting that the delay in the FIR was a point for the trial court to examine.
The bail application under Section 439 Cr.P.C. was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6032 of 2018
Abid Khan S/o Late Shahid Khan Aged About 37 Years R/o- VillageHaldibadi Chirimiri, District- Koriya, CG
---- Applicant
Versus
State Of Chhattisgarh Through- The Station House Officer, Chirimiri, District- Koriya, CG
---- Respondent
For applicant Mr. D. N. Prajapati, Adv. For Respondent/State Mr. Suryakant Mishra, PL. For objector Mr. N. Naha Roy
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
5-10-2018
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However, he submits that there is no criminal antecedent of the applicant reported in the police case diary.
Sd/(Sharad Kumar Gupta) Judge
Pathak
2 issues framed by the court
Whether bail should be granted in a bail application where the offence involves Sections 407 and 408 of the IPC and the FIR is delayed by two years.
Whether the delay in filing the FIR can be a ground for granting bail.
1 provisions across 1 enactments
Abid Khan S/o Late Shahid Khan
State Of Chhattisgarh Through The Station House Officer, Chirimiri, District- Koriya, CG
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
