In this third bail application, the Single Judge of the Chhattisgarh High Court granted regular bail to the applicant, considering changed circumstances such as the release of other co-accused and the extended period of detention.
Bail allowed; applicant directed to be released on personal bond of Rs. 25,000/- with one 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.
Page No.1
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3939 of 2020
---- Applicant Versus
---- Respondent
__________________________________________________________ For Applicant : Mr. Devershi Thakur, Advocate. For Respondent : Mr. Adil Minhaj, Govt. Advocate.
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order On Board
14/08/2020
Page No.2
(Cr.) No.(s)-10444/2019. Secondly, co-accused Ashok Kumar Jena has been granted bail this Court itself vide order dated 9.3.2020 passed in MCRC No.1490/2020.
Page No.3
is allowed. It is directed that applicant shall be released on regular bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Nisha
3 issues framed by the court
Whether circumstances have sufficiently changed to warrant the grant of regular bail to an applicant who has been in custody for over two years, considering other co-accused have been released.
Whether the applicant is entitled to regular bail given the detention period and the fact that the main accused and another co-accused have been granted bail.
Whether Section 439 Cr.P.C. mandates the release of the applicant on bail after hearing submissions from both parties.
1 provisions across 1 enactments
Yogendra Kumar Barik
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
