Second bail application allowed for theft offence. Released on bond ₹50,000 with local surety. Existing COVID bail bond deemed sufficient if already furnished.
Released on personal bond of ₹50,000 with one local surety; satisfied to trial Court. New bond required only if not already furnished under COVID order.
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. 2051 of 2020
Versus
Respondent
For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Respondent/State: Mr. Dinesh R.K. Tiwari, Dy. G.A.
Hon'ble Smt. Justice Rajani Dubey
Order on Board
16.06.2020
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Station- Berla registered the F.I.R. against the present applicant and other co-accused offence under Sections 457, 435, 427, 380 and 34 of IPC, and under 4 of the Prevention of Damage to Public Property Act, 1984 thereafter investigation completed and charge sheet has been filed, the present applicant has been arrested on the basis of their memorandum statements.
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Court.
• It is made clear that if the applicant has already been released on bail pursuant to the bail bond already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bond afresh and the bail bond already furnished shall be deemed to be the bail bond furnished in compliance of the order of this Court, but if he has not furnished the bail bond earlier, then he will be required to furnish bail bond within four weeks from today.
Sd/- (Rajani Dubey) Judge
Vasant
3 issues framed by the court
Whether the applicant is eligible for regular bail during trial given hostile witnesses and gravity of offence.
Whether the existing bail bond under COVID high power committee order can be deemed sufficient for compliance of this order.
Whether the application is a fit case for release on bail considering the detention period and witnesses.
Colour shows how this judgement treated each authority
In Re: Contagion of COVID 19 Virus in PrisonsReferred¶25
In Re: Contagion of COVID 19 Virus in Prisons
3 provisions across 3 enactments
Toran Dewangan
State of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
