Allowed

Sant Kumar @ Santlal v. State of Chhattisgarh

Chhattisgarh HC15 Jun 2020MCRC/2066/2020

Case brief

AI extract

What is this about?

This regular bail application was disposed of allowing the release of the applicant detained under IPC Sections 147 and 306. The High Court directed release against personal bond, relieving the applicant of furnishing new bonds if he had already complied with the COVID-19 prison order.

What did the court decide?

Release on bail against personal bond of Rs. 25,000/- with one surety; exemption from new bond if complied with Supreme Court order on COVID-19.

Sant Kumar @ Santlal Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2066 of 2020

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Sant Kumar @ Santlal S/o. Rambadan Ram, Aged about 34 years, Resident of Vishnupur, Police Sation Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station Ramchandrapur District Balrampur, Ramanujganj, Chhattisgarh

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---- Respondent

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For Applicant	: Shri Amarnath Pandey, Advocate
For Respondent/State	: Shri Raghavndra Verma, GA

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Hon'ble Smt. Justice Rajani Dubey

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Order On Board

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15/06/2020

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The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 50/2019 registered at police station Ramchandrappur. district Balrampur-Ramanujganj (CG) for the offence punishable under Sections 147,306 IPC.

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As per prosecution case, report was lodged by the complainant alleging that he was married with the deceased since three years. It is further case of prosecution that the deceased was having illicit affair with the present applicant and therefore a village meeting was convened and in which it was decided that the applicant and deceased were asked to reside together. It is alleged that in between the meeting the deceased went home and committed suicide.

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Counsel for the applicant submits that the applicant has been

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falsely implicated in the case. He further submits that the applicant is in jail since 04.11.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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On the other hand counsel for the State opposes the bail application.

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Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

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It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

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It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing 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 nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today.

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Sd/-

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(Rajani Dubey) Judge

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suguna

Sant Kumar @ Santlal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sant Kumar @ Santlal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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