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2004 DIGILAW 197 (CHH)

MOHD. AMIN MEMON v. STATE OF CHHATTISGARH

2004-11-03

V.K.SHRIVASTAVA

body2004
V. K. SHRIVASTAVA, J. ( 1 ) HEARD. ( 2 ) THE accused/applicant No. 1 - Mohd. Amin Memon has preferred this bail application under Section 438 of the Cr. P. C. , apprehending arrest in Crime No. 198/2004 registered at Police Station: Darn, Dist, Korba, for commission of the offence punishable under Sections 452, 323, 294 and 506 read with Section 34 of the I. P. C. for releasing him on anticipatory bail. ( 3 ) IT is alleged that on 18/8/2004 Mohd. Amin Memon and Abdul Ajij Memon entered the house of complainant Hanif Khan, abused and assaulted him. Applicants contention is that he has lodged a complaint against Police officials and the same has been registered by the Court, therefore, the Police officials have got this fake case prepared and to take revenge they want to arrest the applicant. ( 4 ) TAKING into account all the facts and material available on record, I am of the opinion that this is a fit case where protection under Section 438 of the Cr. P. C should be extended to the applicant. Accordingly, the petition is allowed and it is directed that in the event of arrest, if the applicant No. 1 - Mond. Amin Memon, abiding with the conditions as laid down in Section 438 of the Cr. P. C. , furnishes a personal bond of Rs. 20,000. 00 (Rs. Twenty thousand) with two solvent sureties of the like sum to the satisfaction of the authority arresting, he be released on anticipatory bail for a period of two months from today. In the meanwhile, applicant shall be entitled to file application for grant of regular bail in concerned Court and the concerned Court shall decide the same on its own merit without being influenced with the observations made herein. Certified Copy as per rules Application allowed. --- *** --- .