Allowed

Mofizul Sheikh v. State of Chhattisgarh

Chhattisgarh HC15 Jul 2022MCRC/3259/2022

Case brief

AI extract

What is this about?

This order grants regular bail to the applicant arrested in a theft case involving valuable jewellery. The court noted the acquittal of co-accused and bail granted to another co-accused by a coordinate bench as factors supporting the release.

What did the court decide?

Application allowed; order releasing the applicant on bail upon executing a personal bond of Rs. 1,00,000 with one local surety.

Mofizul Sheikh Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3259 of 2022

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Mofizul Sheikh, S/o Sukhu Sheikh, Aged About 33 Years, At - Narayanpur, Bisitola, P/s Narayanpur, District Sahebganj, Jharkhand.

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---- Applicant

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Versus

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State of Chhattisgarh Through SHO, P.S.- Gudhiyari, District - Raipur (Chhattisgarh).

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---- Respondent

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For Applicant : Mr. Vinay Nagdev, Adv. For Respondent/State : Ms. Deepti Shukla, P.L.

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Hon'ble Smt. Justice Rajani Dubey

Order on Board

15.07.2022

Heard.

The accused/applicant has preferred this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 315/2021 registered at Police StationGudhiyari, District - Raipur, (C.G.) for the offence punishable under Sections 457, 380, 34 of IPC.

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Prosecution story, in brief, is that, a theft was committed in the jewelery shop of the complainant on the intervening night of 02.10.2021 and 03.10.2021 in which gold and silver jewelery of worth Rs.80,00,000/- was stolen. Thereafter, offence has been registered against the applicant and he has been taken into custody.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that co-accused namely Maqsood Sheikh & Mozibur Sheikh have been acquitted by

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the trial court and co-accused namely Salim Sheikh has been granted bail vide order dated 29.04.2022 passed in MCRC No. 1133 of 2022 by co-ordinate bench of this Court. He further submits that applicant is languishing in jail since 11.10.2021 and conclusion of the trial will take considerable period, therefore, it is prayed that the applicant be granted regular bail.

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On the other hand, counsel for the State opposes the bail application and submits that seizure has been made from the applicant and there is one previous criminal record registered against the applicant, therefore, no case is made out to release the applicant on bail.

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I have heard learned counsel for the parties and perused the material available on record.

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Considering the entire facts and circumstances of the case and further considering the facts that co-accused namely Salim Sheikh has been granted bail vide order dated 29.04.2022 passed in MCRC No. 1133 of 2022 by co-ordinate bench of this Court and applicant is in custody since 11.10.2021, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

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Sd/(Rajani Dubey) Judge

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Ruchi

Mofizul Sheikh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mofizul Sheikh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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