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2014 DIGILAW 336 (CHH)

MOHAMMAD ASLAM v. STATE OF CHHATTISGARH

2014-09-08

P.SAM KOSHY

body2014
ORDER 1. This is the first Application filed under Section 439 of Cr PC for grant of bail to the Applicant who is in jail since 26.10.2013 in connection with Crime No. 555 of 2013 registered in Police Station - Bhilai Nagar, District, Durg, for the offences punishable under Sections 147, 148, 149, 302, 307, 324 & 427 of IPC. 2. As per the Prosecution, allegation against the Applicant is that the Applicant along with other accused persons is said to have assaulted one Prince alias Hardeep on 25.10.2013 at about 10 pm. A report in this connection was lodged immediately on the same day. 3. Learned Counsel for the Applicant submits that in all there are Eight accused persons and that from the statements of the accused persons the only piece of allegation that is made against the Applicant is that the Applicant had accompanied the accused persons on a motorcycle and while the other accused persons were fleeing from the area it was again the Applicant who had taken them on a motorcycle. It is further submitted by the learned Counsel for the Applicant that except for the fact of the Applicant's accompanying the other accused persons, not a single witness has made a statement of the Applicant's causing any assault on the deceased or any of the injured persons. 4. These facts are also not disputed by the learned Counsel for the State on perusal of the case diary. However, the learned Counsel for the State categorically makes a statement that the statements of the witnesses show that the present Applicant had come on a motorcycle along with other accused persons and thereafter the main assault to the deceased, Happy alias Malkeet Singh, was inflicted by three of the main accused, namely, Suraj, Amit and Ajay, on account of which the deceased died and that there was no active role played in the assault by the present Applicant causing other injury or any other over-act on the part of the present Applicant. 5. Taking into consideration the entire facts and circumstances of the case and also keeping in view the fact that the Applicant is in jail since 26.10.2013, this Court is of the view that it is a fit case where the Applicant can be released on bail. 6. Accordingly, the Application filed under Section 439 of Cr PC is allowed. 5. Taking into consideration the entire facts and circumstances of the case and also keeping in view the fact that the Applicant is in jail since 26.10.2013, this Court is of the view that it is a fit case where the Applicant can be released on bail. 6. Accordingly, the Application filed under Section 439 of Cr PC is allowed. It is directed that in case if the Applicant furnishes a personal bond for a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail on the following further conditions:- (i) That the Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. (ii) That the Applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. (iii) That the Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Application Allowed.