Hon'ble Justice Sharad Kumar Gupta rejected an applicant's second bail application in a case involving murder, kidnapping, and abduction. The court held that despite delay in trial, the seriousness of the offences and available evidence precluded release in a second round of litigation.
Bail application rejected; trial court directed to expedite trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4327 of 2019
Domendra S/o Tilakram Lodhi Aged About 21 Years R/o Village Bajguda, Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh.
---- Respondent
For the Applicant : Shri Rahil Kochar, Advocate For the State : Shri D.K. Tiwari, Dy. G.A. -----------------------------------------------------------------------------------------------
Hon'ble Shri Justice Sharad Kumar Gupta
Order On Board
14/10/2019
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implicated in the present case. Counsel for the applicant further submitted that trial is delayed. Applicant is in jail since 19/10/2018. In the case in hand no dead body was recovered, there is no FSL report, alleged seizure witnesses PW 3 Khorbahra Das Janghel and PW 5 Sukhiram Janghel did not support the alleged seizure, thus applicant may be released on bail.
Sd/- (Sharad Kumar Gupta) Judge
Kamde
2 issues framed by the court
Whether the applicant is entitled to release on bail given the serious nature of the charges and prima facie evidence.
Whether delay in trial and absence of FSL report warrant bail.
1 provisions across 1 enactments
Domendra S/o Tilakram Lodhi
State Of Chhattisgarh
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
