Allowed

Sant Singh @ Buggi v. State of Chhattisgarh

Chhattisgarh HC6 Jul 2023MCRC/1007/2023

Case brief

AI extract

What is this about?

This judgment grants bail to an applicant charged with theft, attempt to cheat, conspiracy, and related offences under the IPC. The High Court observed that material witnesses failed to support the prosecution and the applicant has no prior record.

What did the court decide?

The applicant was released on bail on furnishing a bond of Rs. 25,000 with one surety for the same amount, directed to appear as scheduled.

Sant Singh @ Buggi Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1007 of 2023

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Sant Singh @ Buggi S/o Late Soni Lal Aged About 44 Years R/o Near Haribhumi Office, Chingripara, Supela, District : Durg, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through The District Magistrate, Durg, District : Durg, Chhattisgarh

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---Respondent

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For Applicant Shri Achyut Tiwari, Advocate For State - Shri Sanjiv Agrawal, PL

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Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

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06/07/2023

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This second application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 333/2022 registered at PS Purani Bhilai, District Durg, CG for the offence punishable under Sections379, 120-B, 201, 413, 414, 34 IPC. The first application MCRC No. 8969/2002 was dismissed on merits vide order dated 7.12.2022.

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Case of the prosecution in short is that co-accused persons had stolen trailer of the complainant and kept it in the road side near the shop of the applicant.

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Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. According to the counsel for the applicant, the witnesses to the memorandum and seizure namely Anand Singh and Varun Singh (PW-12 and PW-13 respectively) have been examined by the prosecution but have not supported its case, and that on the basis of their testimony conviction of the applicant is not likely to be done. He further submits that the applicant has no criminal background, that he is

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in jail since 14.09.2022 and that the trial may take some time for conclusion, therefore, he may be released on bail.

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State counsel opposes the application for bail and submits that though the seizure witnesses have not supported the case of the prosecution yet it cannot be said that the prosecution cannot prove its case as the investigating officer is yet to be examined, and being this the applicant is not entitled for bail.

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Considering the rival submissions made on behalf of the parties, the facts and circumstances of the case, the material collected by the prosecution, that there is no past criminal record against the applicant, that the material witnesses have not supported the case of the prosecution, that the applicant is in jail since 14.09.2022, and that the trial may take some time for conclusion, this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. It is directed that the applicant be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that court as and when directed.

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The applicant shall not involve himself in the like offences in future and shall appear before the concerned Court on all the dates given in this behalf. Violation thereof, if any, may lead to cancellation of bail granted to the applicant.

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Sd/-

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(Sachin Singh Rajput) Judge

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Jyotishi

Sant Singh @ Buggi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sant Singh @ Buggi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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