Allowed

Rupesh Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC14 Jul 2022MCRC/336/2022

Case brief

AI extract

What is this about?

This is a first bail application in a murder Trial. The High Court allowed the application, holding that due to prosecution witnesses being in jail and trial delays, it is a fit case for bail with a personal bond. Parties must appear on all trial court dates.

What did the court decide?

Applicants directed to be released on bail on executing a personal bond of Rs. 25,000/each with one local surety in like sum to the satisfaction of the trial Court.

Rupesh Kumar Sahu Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 336 of 2022

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Rupesh Kumar Sahu Aged About 23 Years R/o Naveen Joratari, Police Station Kurud, District- Dhamtari (C.G.).

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Toman Lal Sahu S/o Late Ashok Kumar Sahu, Aged About 20 Years R/o Naveen Joratari, Police Station Kurud, DistrictDhamtari (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- Kurud, District-Dhamtari (C.G.).

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---- Respondent

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For Applicants	: Mr. Anil Gulati, Adv.
For Respondent/State	: Mr. Alok Nigam, G.A.

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Hon'ble Smt. Justice Rajani Dubey

Order on Board

14/07 /2022

Heard.

The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 349/2021 registered at Police Station - Kurud, District - Dhamtari (C.G.) for the offence punishable under Section 302 r/w 34 of the IPC.

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The prosecution story, in brief, is that a merg intimation was lodged by Gendram Sahu, alleging therein that his son namely Ashok Sahu used to consume liquor and used to assault his wife and son, on 27.09.2021 again his son consumed liquor and assaulted his wife and sons, thereafter son of the Ashok Sahu assaulted him on account of which he died. Based on this, the offence has been registered against the present applicants.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the eyewitnesses and the memorandum seizure witnesses have not supported the case of the prosecution before learned trail Court and they are in jail since 28.09.2021, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

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On the other hand, counsel for the State opposes the bail application.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, considering the fact that the eye-witnesses and memorandum seizure witnesses have not supported the case of the prosecution before trial Court and they are in jail since 28.09.2021, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

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Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.

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Sd/- (Rajani Dubey) Judge

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H.L. Sahu

Rupesh Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rupesh Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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