High Court allowed the second bail application of an applicant accused of assault and threat with a knife, directing release on personal bond considering the allegation of injury was against a co-accused and bail in that case was granted.
Released on regular bail on furnishing a personal bail bond of Rs.25,000/- with one surety in the like sum.
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. 2067 of 2024
Shabbir Kuraishi S/o Matin Kuraishi Aged About 23 Years R/o Ward No. 24, Near Bas Station Rajhara, P.S.- Rajhara, District- Balod, C.G. (Wrongly Mention P.S. As Balod In The Order Sheet)
---- Applicant
Versus
State Of Chhattisgarh Through S.H.O. Rajhara, District Balod, C.G.
---- Respondent
For Applicant : Mr. Hemant Gupta, Advocate For State : Ms. Laxmeen Kashyap, Panel Lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
22/04/2024
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purchasing household articles, the applicant along with other friends started abusing him in filthy language on the ground that he is a friend of Mukku and Baadu and also stated that he will kill him and have tried to assault the complainant by means of knife, upon which, the complainant made an attempt to flee away from the spot. However, he was caught hold by the applicant and the co-accused Swapnil and thereafter, injured was assaulted on his backside by Knife. The incident was reported to the concerned police station, based upon which, the applicant was arrested.
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recorded under Section 164 of Cr.P.C. that knife blow on the victim is caused by co-accused Swapnil. She also submits that there are seven other criminal antecedents of the applicant and five are of preventive nature.
a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from
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appearance.
b) Applicant shall not, in any manner, tamper with the prosecution witnesses.
Certified copy as per rules.
Sd/---/--/---/-/---/-/- (Parth Prateem Sahu) Judge
Praveen
2 issues framed by the court
Whether the applicant, facing serious charge, is entitled to regular bail despite criminal antecedents given the prosecution case attributes physical injury to a co-accused.
Whether to allow the second bail application filed after the dismissal of the first.
3 provisions across 2 enactments
Shabbir Kuraishi
State Of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
