AFJAL HUSSAIN @ AFZAL QURESHI @ ABDUL HUSAIN v. STATE OF CHHATTISGARH
MCRC/5556/2025 · 2025-08-03
Shri Parth Prateem Sahu
Transfer Petitionbody2025
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[ 2025 DAILYLAW 34623 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 34623 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38461
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5556 of 2025
1. Afjal Hussain @ Afzal Qureshi @ Abdul Husain S/o Mustak Husain Aged About 50 Years R/o Ward No. 33, Near Of Digvijay Ward, Siyaram Gali, P.S. Basantpur, Tahsil And Dist. Rajnandgaon (C.G.)
... Petitioner(s) versus
1. State Of Chhattisgarh Through Station House Officers P.S. City Kotwali, District- Rajnandgaon (C.G.) ....Non-applicant For Applicant : Mr. Ravi K Bodhani, Advocate (through virtual mode) with Mr. Ankush Soni, Advocate For Non-applicant : Mr. Ajit Singh, Govt. Advocate Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board 4.8.2025
1. This is second bail application on behalf of applicant under Section 483 of Bharatiya Nagarik Surakasha Sanhita in connection with Crime No.53/2024 registered at Police Station City Kotwali, Rajnandgaon for commission of offence punishable under Sections 419, 420/34, 467/34, 468/34, 471/34, 120(B) of IPC.
2. First bail application bearing M.Cr.C. No.4352/2025 was dismised as withdrawn vide order dated 12.6.2025.
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3. Case of prosecution, in brief, is that applicant has procured money from complainant Santosh Kumar Dhurve on the pretext that he will provide government job to his son in police department. Initially, Rs.1,00,000/- was paid to present applicant and after passing of physical test, applicant made further demand of Rs.50,000/- and accordingly, from time to time and at different stages of recuritment process, money was demanded by applicant which was being paid to him and other co-accused persons. Incident was reported to concerned police station based upon which aforementioned crime was registered and applicant was arrested on 15.4.2024.
4. Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in instant crime. He also contended that material witnesses have been examined before trial Court; applicant is in jail since 15.4.2024, hence he may be enlarged on regular bail.
5. On the other hand, learned State Counsel opposses
submissions of learned counsel for applicant and submits that there are specific allegation against applicant of procuring money on false pretext of providing government job. There are eyewitnesses to payment made by complainant to applicant and other co-accused persons. Bail application of co-accused Amit Singh bearing M.Cr.C. No.2084/2025 was rejected vide order dated 17.3.2025.
6. Learned counsel appearing on behalf of complainant would
3 also oppose submission of learned counsel for applicant and submit that applicant on false pretext of providing government job to his son, has procured huge money and therefore application filed by application be rejected.
7. Heard learned counsel for respective parties and perused the documents placed on record.
8. Complainant Santosh Kumar (PW-2) and Chandrapal Netam, who handed over money to present applicant, have been examined before the trial Court and they stood with the allegation they made against applicatn before the police in their statement recorded under Section 161 CrPC.
9. In view of above, I do not find present to be a fit case to allow this second bail application and accordingly, it is rejected. Sd/-
(Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI