The High Court of Chhattisgarh granted regular bail to the applicant arrested for involvement in a liquor shop robbery and theft under IPC and Arms Act charges, ordering release on bond conditions.
Released on regular bail with a bond of Rs. 25,000 and one surety, subject to conditions of attendance and non-tampering.
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.
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 6849 of 2022
Pawan Sonkar S/o Shri Vijay Sonkar Aged About 25 Years R/o Ward No.-9 Shiv Nagar Kumhari P/s Kumhari District - Durg Civil And Revenue, District - Durg (C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Dongargarh, District - Rajnandgaon (C.G.)
---- Respondent
For Applicant : Shri Ajay Mishra, Advocate For State : Shri Ajay Kumrani, Panel Lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
16/09/2022
Heard.
-2-
application was dismissed on 31.03.2022.
-3-
that against the applicant, there is only one connecting material that the police seized one mobile phone from possession of the applicant stating it to be the mobile phone of one Maksudan. Seizure witness is examined before the trial Court and he has not supported the case of prosecution. He also contended that mobile phone allegedly seized from possession of applicant has not been put to identification by Maksudan, who in his report and also in his Court statement only stated that accused persons came there and snatched mobile phone and looted other articles from them. He also stated that proceedings of identification of accused from them was not held. Hence, there is prima facie no material against the applicant. .He is in jail since 30.10.2021, hence, he may be enlarged on regular bail.
-4-
allegation and submissions of learned counsel for the parties, without commenting anything on merits of the case, I am inclined to allow the bail application.
a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.
b) Applicant shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/----/-/(Parth Prateem Sahu) Judge
Praveen
1 issue framed by the court
Whether the applicant is entitled to regular bail under Section 439 of Cr.P.C. despite pending prosecution for serious offenses.
4 provisions across 4 enactments
Pawan Sonkar
State Of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
