POLAV @ AHAMAD @ RAJABABU v. STATE OF CHHATTISGARH
MCRC/3718/2025 · 2025-06-08
Smt Rajani Dubey
Transfer Petitionbody2025
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[ 2025 DAILYLAW 21747 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21747 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22723
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.3718 of 2025 1 - Polav @ Ahamad @ Rajababu S/o Intaf Husain Aged About 23 Years R/o Village Mahuli, P.S. Vindhamganj, Distt- Sonbhadra (U.P.)
Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Chowki- Wadrafnagar, Police Station- Basantpur, Distt- Balrampur- Ramanujganj (C.G.) Respondent For Applicant : Mr. A. N. Pandey, Advocate For Respondent(s) : Ms. Nand Kumari Kashyap, PL Hon’ble Smt. Justice Rajani Dubey
Order on Board 09/06/2025
1. The accused/applicant has moved this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for releasing him on regular bail during trial in connection with Crime No.41/2022, registered at Police Chowki Wadrafnagar, District Digitally signed by RAMAKANT NIRALA
2 Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 294, 506, 336, 323, 307, 395, 511, 120(B)/34 of IPC and Sections 25 & 27 of the Arms Act.
2. The prosecution story, in brief, is that the on 8.3.2022 at around 9 pm while the complainant was on his duty at Government English Liquor Shop, at that time he noticed that some persons who were sitting in front of the said shop were planning something. On suspicion, when the complainant asked them as to what they were doing there, Neeraj Gupta and Vikas Paswan abused him filthily, threatened him of life, and thereafter, all the accused persons assaulted him with stone, club and other weapons as a result of which he sustained grievous injuries. Thereafter, a case was registered against the accused persons.
3. 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 the co-accused Salamuddin Chudi Faros has been granted regular bail by this Court vide order dated 12.08.2022 in MCRC No.4871/2022 and the co-accused Saifullah has also been granted anticipatory bail by the Coordinate Bench vide order dated 14.02.2023 in MCRCA No.1525/2022. The applicant is in jail since 02.04.2025 and trial may take some time in its conclusion. Therefore, the applicant may kindly be released on bail.
4. On the other hand, learned State counsel opposes the bail application of the applicant.
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5. I have heard learned counsel for the parties and perused the case-diary.
6. Taking into consideration the facts and circumstances of the case, nature of allegation and further considering the fact that the co-accused persons have already been granted regular bail and anticipatory bail by this Court, applicant is in jail since 02.04.2025 and 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.
7. Accordingly, the bail application is allowed. Applicant/accused is
directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one local surety of the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court on each and every date given to him by the said Court. Sd/-
(Rajani Dubey)
Judge
Nirala