Allowed

Prakash Sahu v. State of Chhattisgarh

Chhattisgarh HC21 Jun 2022MCRC/2119/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh, Bilaspur allowed bail for two applicants in criminal cases involving IPC Section 399/402 and Arms Act. The court noted pre-trial detention since November 2020 and lack of further merit comments, directing release on personal bond and sureties.

What did the court decide?

Release on regular bail upon furnishing personal bond of Rs.25,000 with two sureties in like amount.

Prakash Sahu Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2119 of 2022

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Prakash Sahu S/o Parasram Sahu Aged About 19 Years R/o Check Post Bhadrapara, Nearby Gomit Kirana Shop, Balco Nagar, Korba, District- Korba (C.G.)

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Ravi Chauhan S/o Shiv Kumar Chauhan Aged About 24 Years R/o Check Post Bhadrapara, Nearby Gomit Kirana Shop, Balco Nagar, Korba, District- Korba (C.G.)

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---- Applicants

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Versus

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State Of Chhattisgarh Through- Station House Officer, Police Of Police Station- Kotwali, Korba, District- Korba (C.G.)

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---- Respondent

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CAUSE TITLE TAKEN FROM CIS PERIPHERY

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--------------------------------------	---------------------------------------------------------
For Applicants	: Mr. Anil Gulati.Adv.
For Respondent/State	: Mr. Roshan DubeyPL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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21.06.2022

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The accused/applicants who are in custody since 05.11.2020 in connection with Crime No.705/2022 registered at Police Station Kotwali, District – Korba, C.G. for the offence punishable under Sections 399, 402 of the IPC and Sections 25 and 27 of the Arms Act, have filed this application for grant of bail.

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As per the prosecution case, the police officials have received an information from the informant that about 10 to 12 persons in a suspicious condition having guns in their hands were gathered for committing crime in KTPS Korba. On the basis of above information, police party along with the witnesses reached to the spot where the accused persons were trying to committing decoiti and planing for the

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same, as they have committed earlier on 13-14 August at KTPS power plant. From the spot some other persons have also been apprehended and the present applicants Prakash Sahu and Ravi Chouhan have been absconded and arrested on 05.11.2020. Based on above allegations, aforesaid offences have been registered against the applicants.

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Learned counsel for the applicants submits that the accused/applicants are innocent and have been falsely implicated in the present case. He submits that on the basis of memorandum statements of other coaccused persons no seizure has been made from the present applicants. He further submits that there is no identification parade conducted. It is next submitted that two witnesses have been examined and they both have turned hostile and not supported the case of the prosecution. It is next submitted that the applicants are languishing in jail since 05.11.2020, therefore, learned counsel for the applicants prays that they may be enlarged on bail.

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Learned State counsel however, opposes the prayer for bail. On being asked learned counsel for the State fairly submits that there is no other circumstantial evidence against the present applicants.

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Considering the facts and circumstances of the case, looking to the nature of allegations and evidence, pre-trial detention period, further considering that the applicants are languishing in jail since 05.11.2020, the trial will take some time for its conclusion, without further commenting anything on merits, I am inclined to grant regular bail to the applicants. Accordingly, the application is allowed and it is directed that on their furnishing a personal bond in the sum of Rs.25,000/- with two sureties each in the like sum to the satisfaction of the concerned Court, the applicants shall be released on bail on the following

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conditions:-

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(a) They 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,

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(b) they shall not act in any manner which will be prejudicial to fair and expeditious trial,

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(c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of case,

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(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.

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(e) they shall not involve themselves in any offence of similar nature in future.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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yasmin

Prakash Sahu v. State of Chhattisgarh

Case brief

What is this about?

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Prakash Sahu v. State of Chhattisgarh

Case brief

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