High Court allowed second bail application under S. 439 CrPC for applicant in murder case. Bench noted prosecution witnesses failed to support prosecution, charge sheet filed, and similarly placed accused released on bail.
Released on bail on personal bond of Rs. 25,000/- with one surety like amount.
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. 3942 of 2022
Gopi Rathiya S/o Laljeet Rathiya Aged About 20 Years R/o Ruwaful, Police Station Kapu District Raigarh Chhattisgarh.
--- Applicant
Versus
State of Chhattisgarh through Police Station Kapu, District Raigarh Chhattisgarh. --- Respondent
For the Applicant : Ms. Saumya Sharma, Advocate. For the Respondent : Mr. Ayaz Naved, Govt. Advocate.
Hon'ble Mr. Justice Goutam Bhaduri
Order on Board
20.06.2022
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that the charge sheet has been filed and the applicant is in jail since 17.11.2020, therefore, the applicant may be enlarged on bail.
Sd/-
(Goutam Bhaduri) Judge
Rao
2 issues framed by the court
Whether bail should be granted to the applicant who is in jail since the commission of the alleged offence given that similarly placed accused have been released.
Whether the evidence of prosecution eye-witnesses supports the prosecution case after filing of the charge sheet.
1 provisions across 1 enactments
Gopi Rathiya
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
