The High Court allowed the applicant's third bail application in a murder case after the key prosecution witness failed to identify him during trial, noting no apprehension of tampering or absconding and no criminal antecedents.
Released on bail on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/-.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3120 of 2022
---- Applicant
Versus
---- Non-Applicant
For Applicant : Mr. Uttam Pandey, Advocate. For Non-Applicant/State : Mr. Raghvendra Verma, Govt. Advocate.
Hon'ble Shri Justice Gautam Chourdiya Order on Board
20/04/2022
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the first bail application of the application was dismissed mainly on the ground that eye witness Roopchand is yet to be examined and identify the applicant. Roopchand has been examined before the Trial Court as PW-09 and he has not identified the applicant. Out of 25 witnesses, only 09 witnesses who are material witness have been examined, the seizure and recovery witnesses have not supported the prosecution case. He also submits that the applicant is in jail since 27/08/2020. He submits that the applicant has no criminal antecedents and there is no apprehension of the applicants tampering with the evidence or absconding and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail.
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of the case so as to dissuade him from disclosing such fact to the Court,
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.
-Sd/-
(Gautam Chourdiya) Judge
Chandrakant
2 issues framed by the court
Whether the bail application should be allowed after the key witness Roopchand was examined and did not identify the appellant.
Whether the changed circumstances warrant release on bail in a murder trial.
1 provisions across 1 enactments
Shubham Behra @ Sona
State Of Chhattisgarh
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
