Allowed

Mohammad Hasnain v. State of Chhattisgarh

Chhattisgarh HC20 Jun 2022MCRC/778/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed bail applications filed by three accused persons arrested for theft of a truck. The court granted bail considering the long period of detention and the nature of the offence triable by a JMFC.

What did the court decide?

The application was allowed. The applicants shall be released on bail by furnishing a personal bond in the sum of Rs.25,000/- with two sureties each for the like sum.

Mohammad Hasnain 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. 778 of 2022

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Mohammad Hasnain S/o Mohammad Billa Aged About 21 Years R/o Village Masiya Post Office Holeng Police Station Balumath District Latehar (Jharkhand), Presently R/o Dindayal Colony Dhimrapur Raigarh Tahsil And District Raigarh (Chhattisgarh) --- Petitioner.

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Versus

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State Of Chhattisgarh Through Thana In Charge, Police Station City Kotwali, District Raigarh, Chhattisgarh --- Respondent.

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With

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MCRC No. 2105 of 2022

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Mohammad Vais S/o Jamar Uddin Aged About 22 Years R/o Village Masiyatu Ps Balumat District Latehar (Jharkhand), Presently R/o Dindayal Colony Dhimrapur Raigarh Tah And District Raigarh (C.G.)

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--- Petitioner.

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Versus

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State Of Chhattisgarh Through Thana In-Charge Ps City Kotwali, District Raigarh (C.G.) --- Respondent.

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With

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MCRC No. 3275 of 2022

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Jogendar Yadav Alias Dinesh Yadav S/o Pati Yadav Aged About 23 Years R/o Village Dundu Pathri P. S. Manik District Latehar Jharkhand

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Station House Officer City Kotwali District Raigarh Chhattisgarh --- Respondent

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CAUSE TITLE TAKEN FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Applicants : Mr. Rajendra Tripathi & Mr. Amit Sharma, Advocates. For Respondent/State : Ms. Seema Dixit, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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20.06.2022

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The accused/applicants who have been arrested on 25.12.2021

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& 26.12.2021 respectively, in connection with Crime No.1809/2021

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registered at Police Station Thana City Kotwali, District Raigarh for the offence punishable under Sections 379, 120-B & 34 of IPC, have filed this application for grant of bail.

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2. Prosecution case, in brief, is that on 25.12.2021 the complainant has lodged a report to the effect that his truck bearing registration No. CG 13 NA 5168 has been stolen by the unknown persons. During investigation the truck was found at the border of Chhattisgarh and Jharkhand and it was also found that the present applicants have stolen the truck by using the master key. On the basis of aforesaid investigation, FIR has been lodged against the present applicants and they have been arrested.

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3. Learned counsel for the applicants submit that the accused/applicants are innocent and have been falsely implicated in the case. He submits that the applicants are poor persons and they are behind the bars since more than 5 months; offence is triable by JMFC and conclusion of the trial is likely to take considerable period in its disposal therefore, they may be released on bail. Counsel submits that if they may be set at liberty by granting bail, they would abide by all terms and conditions imposed on them while granting bail.

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4. Learned State counsel however, opposes the prayer for bail.

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5. Considering the facts and circumstances of the case and considering that charge-sheet has been filed; offence is triable by JMFC and further considering the period of pretrial detention of the applicants, I am inclined to release the accused/applicants on bail. Accordingly, the application is allowed and it is directed that on their furnishing a personal bond in the sum of Rs.25,000/- with two sureties each for the like sum to the satisfaction of the concerned Court, the applicants shall be released on bail on the following conditions:-

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(a) the applicants and the sureties shall submit a copy of their Aadhar Card along with a coloured postcard full size photo having printed the Aadhar number on it, which shall be verified by the concerned trial Court.

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(b) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of case,

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Mohammad Hasnain v. State of Chhattisgarh

Case brief

What is this about?

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Mohammad Hasnain v. State of Chhattisgarh

Case brief

What is this about?

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