Chattisgarh High Court
Sajid Nawaz vs State Of Chhattisgarh on 22 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2309 of 2022
Sajid Nawaz S/o Abid Nawaz Aged About 33 Years R/o Talapara, Bilaspur, District-
Bilaspur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station-Kusmunda,
District- Korba, Chhattisgarh.
---- Respondent
AND MCRC No. 2304 of 2022 Gaurav Singh Thakur S/o Late Mahavir Singh Thakur Aged About 29 Years R/o Durpa Road, Purani Basti, Ward No. 4, Korba, Police Station Kotwali, District Korba Chhattisgarh.
---- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Kusmunda, District Korba Chhattisgarh.
---- Respondent For Applicant in MCRC No. 2309/2022 : Mr. R.S. Marhas, Advocate and Mr. Amit Kumar, Advocate For Applicant in MCRC No. 2304/2022 : Ms. Mandavi Bhardwaj, Advocate For Respondent/State : Mr. Alok Nigam, GA and Mr. B.P. Banjare, Dy. GA Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 22/04/2022 Heard.
1. The instant bail applications (second bail application in MCRC No. 2309/2022 and first in MCRC No. 2304/2022) under Section 439 of Code of Criminal Procedure, 1973 are being decided by this common order as the applicants have been arrested in Crime No. 569/2021 registered at Police Station Kusmunda, 2 District Korba (C.G.) for the offence punishable under Sections 307, 120-B, 182, 211 and 388/34 of the IPC and Sections 25 & 27 of the Arms Act.
2. First bail application of applicant Sajid Nawaz was dismissed as withdrawn vide order dated 10/02/2022 passed in MCRC No. 15/2022 by this Court.
3. Case of the prosecution, in brief, is that a conspiracy meeting was commenced at the residence of co-accused Gopu Pandey where the applicants Sajid Nawaz and Gourav Singh Thakur along with other co-accused persons were present for making a false case against Ashraf due to some business rivalry. In furtherance of such conspiracy, Mustkim @ Mussu fired a gun shot on Sumit Choudhary at about 19:45 on 28/11/2021 and Sumit Choudhary lodged an FIR against Raja Khan, Ashraf and Abhishek, which was initially registered as Zero FIR at Police Station Kusmunda, subsequently registered as Crime No. 569/2021. Subsequently, on 30/11/2021, Ashraf Khan submitted a written complaint dated 29/11/2021 before Superintendent of Police, Korba alleging that as he came to know through media that he has been roped into a false case lodged by Sumit Choudhary, therefore, he is providing the details of his presence on the date of incident. He also supplied a copy of written complaint to SHO, Kusmunda. Likewise, Abhishek has also explained about his presence and submitted a written complaint before SHO, Kusmunda. After the investigation, it was found that Sumit Choudhary had lodged a false complaint against Ashraf Khan, Raja Khan and Abhishek in furtherance of the conspiracy made on the behest of main accused Sajid Nawaz. So, the offence has been registered.
4. Counsel for the respective applicants submit that the applicants are innocent and have been implicated in a false case. Accepting the complaints of Ashraf Khan and Abhishek, the applicants have been wrongly roped into a false case. It is 3 submitted that on the date of incident, applicant Sajid Nawaz was elsewhere. Learned counsel has taken the plea of alibi by submitting certain documents. It is further submitted that applicant Sajid Nawaz has been in jail since 12/12/2021 and applicant Gourav Singh Thakur has been in jail since 04/01/2022, charge- sheet has been filed and conclusion of trial will take time, therefore, it is prayed to release them on bail.
5. On the other hand, learned counsel for the State oppose the bail application, however, they submit that there are various criminal antecedents registered against applicant Sajid Nawaz pertaining to theft of diesel, arms act and dacoity, which clearly reflects from the bail rejection order passed by the Court below, therefore, they pray to reject the bail applications.
6. Heard counsel for the parties.
7. On being asked learned counsel for applicant Sajid Nawaz about the boarding pass or any authentic document showing the presence of applicant Sajid Nawaz elsewhere, he has failed to produce any authentic document like boarding pass or hotel receipt. Mere submitting only flight ticket or booking of hotel does not enough to convince the Court that the applicant was not present on place of incident. The plea of alibi is a matter to be considered at the time of trial before the trial Court.
8. Therefore, after considering the submissions of the parties, particularly considering the nature of allegations and the evidence brought on record by the prosecution and further considering the gravity of offence, this Court does not deem it proper to release the applicants on bail.
9. Accordingly, the bail applications are dismissed. 4
10. Upon considering the further submission of learned counsel for applicant Sajid Nawaz that the jail authority is not paying proper attention towards ill condition of applicant Sajid Nawaz, I feel it appropriate to direct the State counsel to look into the matter and ensure to issue a memo to the concerned jail regarding proper medical care as per rules.
Sd/-
(Deepak Kumar Tiwari) Judge rahul