The High Court of Chhattisgarh enlarged three applicants accused of murder, culpable homicide, and illegal possession of arms on regular bail under Section 439 Cr.P.C., requiring personal bond with surety.
Release on regular bail on furnishing a personal bond of Rs. 25,000/- with one surety each.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4747 of 2020
---- Applicant
Versus
And
MCRC No. 5888 of 2020
---- Applicants
Versus
---- Respondent
For Applicant : Shri Hemant Gupta, Advocate in MCRC No.4747/2020. For Applicants : Shri Pragalbha Sharma, Advocate in MCRC No.5888/2020 For Respondent/State : Ms. Sunita Jain, GA
Hon'ble Smt. Justice Rajani Dubey
Order on Board
03.09.2020
As both the MCRCs arise out of same crime number, they are being heard and disposed of by this common order.
The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.121/2020 registered at Police Station – Palari District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 147,148,307 and 302/34 IPC and 25 and 27 of the Arms Act.
It is the case of the prosecution that when the complainant along with the deceased had gone to the liquor shop at Palari to purchase liquor, some altercation took place between the deceased and the applicants on account of which, two of the accused gave knife blows on the deceased as a result of which he died.
Counsel for the applicants submit that the applicants have been falsely implicated in the crime in question. It is submitted that the present applicants have only assaulted with hands and fists and the main allegation is against one Lokesh and Neeraj who have assaulted with knife. It is further submitted that in the test identification parade also, they have not been identified. Lastly, they submit that the applicants are in custody since 14.03.2020 and the trial is likely to take some time for its final disposal, they may be released on bail.
On the other hand, counsel for the State opposes the bail application.
Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicants and the detention period of the applicants, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.
Accordingly, the applications filed under Section 439 Cr.P.C.
are allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial.
Sd/-
(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether the applicants are entitled to release on regular bail during trial.
3 provisions across 3 enactments
Dilip Verma
Ram Kumar Sharma
Sanjay Aadwani
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
