Common order disposing of two regular bail applications concerning the same crime involving murder attempt. Bail rejected for the main accused Lucky Mahaballa but granted to co-accused Khemlal Sahu subject to conditions.
Regular bail allowed to Khemlal Sahu via personal bond and surety; bail rejected for Lucky Mahaballa.
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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2084 of 2022
Khemlal Sahu S/o Kanhaiya Sahu, Aged About 21 Years R/o Village Kukurmuda, P.S. Khairagarh, District : Rajnandgaon, Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Khairagarh, District : Rajnandgaon, Chhattisgarh
---- Respondent
MCRC No. 3571 of 2022
Lucky Mahaballa S./o Ram Khilawan Mahaballa Aged About 23 Years R/o Nagpur Kalmana, Chikhli Road Gopal Nagar, Near Chhota Mandir, Nagpur, Maharastra, District : Nagpur, Maharashtra
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Khairagarh, District Ranjandgaon, Chhattisgarh
---- Respondent
CAUSE TITLE TAKEN FROM CIS PERIPHERY
----------------------------------------------------------------------------------------------For Applicants : Mr. Abhishek Pandey, Adv. For Respondent/State : Mr. Sudhir Sahu, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
21.06.2022
Rajnandgaon, C.G. for the offence punishable under Sections 307/34 of the IPC, have filed this application for grant of bail.
Sahu and no weapon has been seized from his possession and the main allegation of assault is on the other co-accused Yuvraj Thakur, and that the applicant Khemlal Sahu is in jail since 08.02.2022, the trial will take some time for its conclusion, without further commenting anything on merits, I am inclined to grant regular bail to the applicant – Khemlal Sahu.
Accordingly, the application with respect to applicant Khemlal Sahu in MCRC No.2084/2022 is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the concerned Court, the applicant shall be released on bail on the following conditions:-
(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court,
(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial,
(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,
(d) the applicant and the sureties shall submit a copy of their Aadhar Card along with a coloured postcard full size photo having printed the Aadhar number on it, which shall be verified by the concerned trial Court.
(e) he shall not involve himself in any offence of similar nature in future.
Sd/-
(Deepak Kumar Tiwari) Judge
yasmin
3 issues framed by the court
Whether bail should be granted to the applicants charged with offences under Sections 307/34 of the IPC.
Whether the role of the main accused affects the bail prospect of the co-accused.
Whether the delay in trial justifies granting bail to the less implicated accused.
Khemlal Sahu
Lucky Mahaballa
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
