LAWS(CHH)-2019-5-64

MOHAMMAD SAIF KHAN Vs. STATE OF CHHATTISGARH

Decided On May 31, 2019
Mohammad Saif Khan Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 264/2018, registered at Police Station- Kondagaon, Distt- Kondagaon (C.G.) for the offence punishable under Sections 307, 294 and 506(B) of Indian Penal Code and 25 and 27 of the Arms Act.

(2.) Allegation made against the accused/applicant -Mohammad Saif Khan is that on 05.12.2018 at around 9.30pm while the complainant- Sumit Shrivastava along with his friend Yogesh Netam was going by motorcycle, on the way the applicant had a quarrel with the complainant and during this process, the applicant assaulted the complainant with knife on his stomach as a result of which, the complainant suffered grievous injuries. On report being made to this effect, offence under Sections 307, 294, 506(B) of IPC and 25 and 27 of Arms Act was registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. She submits that there was no intention on the part of the applicant to commit murder of the complainant, the conclusion of trial is likely to take some time, the applicant is a student and therefore, he may be released Page No.2 on bail.