Allowed

Natwar @ Nattu & Anr. v. State of Chhattisgarh

Chhattisgarh HC11 Feb 2019MCRC/344/2019

Case brief

AI extract

What is this about?

This single judge order disposed of a first bail application filed by two accused persons charged with offences under Sections 341, 394, 364(A), and 307/34 IPC. The High Court Court granted bail upon furnishing sureties and a personal bond, subject to specific conditions.

What did the court decide?

Release on bail via personal bond of Rs. 50,000/- and two solvent sureties for Rs. 25,000/- each.

Natwar @ Nattu & Anr. Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 344 of 2019

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Natwar @ Nattu S/o Kumar Yadav Aged About 23 Years R/o Pankhatiya Para Ward No. 5 Purani Basti Kharsiya, Tahsil And P.S. Kharsiya District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

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Manoj Kenvat S/o Gore Lal Aged About 21 Years R/o Purani Basti Kharsiya, Tahsil And P.S. Kharsiya, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicants

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Versus

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State Of Chhattisgarh Through Station House Officer P.S. Kharsiya, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

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---- Non-applicant

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For Applicants : Shri FS Khare, Advocate. For Non-applicant : Shri Washim Miyan, Panel Lawyer

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Hon'ble Shri Justice Sharad Kumar Gupta Order On Board

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11.02.2019

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This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

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Perused the case diary provided by the learned counsel for the State in connection with crime No. 847/2018 registered at Police Station – Kharsiya, District- Raigarh (C.G.) for the offence punishable under Section 341, 394, 364(A), 307/34 of the Indian Penal Code.

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Case of the prosecution, in brief is that on 06.12.2018 at about 7 pm near the Safiya Road Braker applicants and two unknown persons stopped the motorcycle of the complainant Ravi Kumar. Complainant Ravi Kumar was returing back along with the complainant Kuldeep from Kharshia to village Sonbarsa, applicants and coaccused demanded money from complainants, took away to Mangal Bajar Kharsiya, abused them, looted one samsung mobile from complainant Kuldeep. One coaccused poured petrol on complaiant Ravi, they were giving threatening to burn him.

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Learned counsel for the applicants submits that the applicants have no criminal background. They are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail.

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On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicants.

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Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if each applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

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Certified copy as per rules.

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Sd/-

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(Sharad Kumar Gupta) JUDGE

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kishore

Natwar @ Nattu & Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Natwar @ Nattu & Anr. v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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