Allowed

Samayan Bareth v. State of Chhattisgarh

Chhattisgarh HC3 Jan 2023MCRC/11009/2022

Case brief

AI extract

What is this about?

High Court allowed a second bail application for an accused in an attempt to murder case. Relying on witness hostility and potential trial delay, the court granted bail without addressing merit, directing a personal bond with surety.

What did the court decide?

Released on bail on execution of a personal bond for Rs. 25,000/- with one solvent surety to appear before the trial court.

Samayan Bareth Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 11009 of 2022

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Samayan Bareth son of Late Suklal Bareth, aged about 42 years, Resident of Navapara Kothari Naka, Thana Urga, Distt. Korba (CG)

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---- Applicant In Jail

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Versus

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State Of Chhattisgarh Through District Magistrate, Korba, Distt. Korba (CG)

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---- Respondent

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For Applicant : Mr. VK Pandey, Advocate. For Respondent/State : Mr. Ankur Kashyap, Panel Lawyer.

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Hon’ble Smt. Justice Rajani Dubey Order On Board

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03/01/2023

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The applicant has preferred this second bail application under Section 439 of CrPC for grant of regular bail as he is arrested in connection with Crime No.334/2022 registered at Police Station – Kotwali, Distt. Korba (CG) for the offence punishable under Section 307 of IPC. The first bail application being MCRC No.6987/2022 was dismissed as withdrawn with liberty to file afresh after examination of the complainant vide order dated 14.10.2022.

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As per the prosecution case, on 31.3.2022 at around 7.30 pm the applicant over some old domestic issue assaulted his wife Geeta Bai with a knife in an attempt to commit her murder as a result of which she suffered injuries over her neck, back, face and head.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in question. Victim/complainant Geeta Bai (PW-1) and other relatives of

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the applicant have been examined before the trial Court and they have turned hostile vide Annexure A/3. The applicant is in jail since 1.4.2022 and conclusion of the trial is likely to take some time. Therefore, the applicant may be released on bail.

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On the other hand, learned 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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Considering the facts and circumstances of the case, in particular the fact that the complainant and other witnesses have not supported the prosecution case before the trial Court; the detention period of the applicant and that conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed.

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It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial.

sd/

(Rajani Dubey)

Judge

Khan

Samayan Bareth v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Samayan Bareth v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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