Allowed

Surya @ Suryapratap Singh v. State of Chhattisgarh

Chhattisgarh HC22 Jul 2021MCRC/565/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the applicant's second bail application under Section 439 Cr.P.C. The Acting Chief Justice, considering the applicant was in jail for over 1.5 years amidst alleged quality of evidence issues, ordered his release on a personal bond.

What did the court decide?

Application allowed; applicant directed to be released on bail on executing a personal bond for Rs.50,000/- with one surety for the like amount.

Surya @ Suryapratap Singh Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2021)

MCRC No. 565 of 2021

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 565 of 2021

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Surya @ Suryapratap Singh S/o Baljeet Singh Aged About 25 Years R/o Village- Chhote Kalua, Police Station- Khadgawa, Civil And Revenue District- Koriya (C.G.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Bango, District- Koriya (C.G.)

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---- Respondent

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For Applicant	:- Mr. Vasant Zokarkar, Advocate
For Respondent-State	:- Mr. Sudeep Agrawal, Dy.A.G.

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Proceedings through Video Conferencing

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Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board

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22/07/2021

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The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.200/2019 registered in Police Station Bango, District Korba C.G. for the offence punishable under Sections 302, 201, 379, 411 of the I.P.C.

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Deceased Naresh Rajak, present applicant and co-accused Santram had their dinner together on 08.11.2019. Immediately after the dinner, a quarrel took place between the accused persons and deceased Naresh Rajak in which the present applicant hits the deceased over his left mandible region by

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MCRC No. 565 of 2021

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means of wheel spanner.

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Admittedly, there is no eye-witness to the crime. The dead body was recovered on 09.11.2019, thereafter, memorandum statement of the accused was recorded in the presence of witnesses Manohar and Buddhuram Chauhan. Memorandum statement of Santram was recorded in the presence of Vikas Bhaskar. The witness to the memorandum statement of the present applicant namely PW2 Manohar and PW3 Buddhuram Chauhan have turned hostile in course of trial.

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Learned State counsel would oppose the prayer for grant of bail.

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Considering the quality of evidence and for the fact that he is in jail since 22.11.2019 i.e., for more than 1 ½ year, I am inclined to release the applicant on bail.

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Accordingly, the second bail application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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SD/( Prashant Kumar Mishra ) Acting Chief Justice

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Ayushi

Surya @ Suryapratap Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Surya @ Suryapratap Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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