In a bail application for an offence under IPC sections 394 and 395, the High Court allowed the application citing the complainant's failure to support the prosecution case or identify the applicant, granting bail on personal bond and surety.
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.
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5311 of 2019
---- Applicant
Versus
----Non-applicant
For Applicant – Shri Ashutosh Shukla, Advocate. For Non-applicant/State – Shri Ghanshyam Patel, Govt. Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
25-09-2019
2 . It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 28-01-2019. The applicant has not committed any offence. In the trial against this applicant and the coaccused persons the complainant has been examined who has not supported the prosecution case. The co-accused persons have been granted bail by this Court. Therefore, it is prayed that this applicant may also be granted bail.
-2-
his possession one motorcycle, cash Rs.3000/-, mobile and Adhar Card. After lodging of the FIR this applicant and other co-accused persons were arrested and recovery of stolen articles were made.
Sd/-
(Rajendra Chandra Singh Samant) Judge
Aadil
1 issue framed by the court
Whether the application for grant of regular bail under Section 439 Cr.P.C. should be allowed in light of insufficient prosecution evidence and non-identification by the complainant.
1 provisions across 1 enactments
Mohd. Altaf
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
