The High Court allowed the bail application of an applicant accused of theft, holding that as two co-accused were already granted bail for similar roles, the applicant would also fit criteria for bail.
Applicant released on bail on furnishing a personal bond of Rs. 25,000 with two sureties of the like sum.
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 AT BILASPUR
MISC. CRIMINAL CASE NO. 1533 OF 2023
• Sharad Verma, S/o Rajkumar Verma, aged about 22 years, R/o Dhacha Bhawan, C.H. 506, Tatibandh, near Shiv Mandir, Police Station Amanaka, Raipur, District Raipur (C.G.)
… Applicant
versus
• State of Chhattisgarh, through: the Station House Officer, Police Station D.D. Nagar, Raipur District Raipur (C.G.)
… Respondent For Applicant : Mr. A.D. Kuldeep, Advocate. For Respondent : Mr. Aditya Bharadwaj, P.L. Hon'ble Shri Justice P. Sam Koshy Order on Board
[03/05/2023]
1. The present is an Application under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 20.6.2022 in connection with Crime No.311/2022 registered at Police Station D.D. Nagar, District Raipur for the offence punishable under Sections 457, 380, 34 of IPC.
2. Case of the Prosecution is that the Applicant and the other coaccused persons is said to have illegally broke open the lock of the Complainant's house and thereafter committed theft of gold, silver and cash amount. In the course of investigation, on suspicion, the Applicant and other co-accused persons were apprehended and, in the memorandum statement, they have admitted of having committed the offence. Certain recoveries also have been made from the possession of the Applicant and the co-accused persons.
3. Learned Counsel for Applicant submits that two of the co-accused persons, Sanjay Chouhan and Deepak Chouhan, have already been enlarged on bail by this High Court vide Order dated 13.12.2022 passed in M.Cr.C. No.8937/2022 and M.Cr.C. No.9103/2022. He further submits that the role played by the present Applicant is similar to that of the aforesaid two accused persons who have already been granted bail. Therefore, the Applicant may also be released on bail on the ground of parity.
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4. Learned State Counsel, on the other hand, opposing the Bail Application, submits that since the stolen articles were recovered from the possession of the present Applicant and also considering the nature of offence, the present Applicant does not deserve to get bail.
5. Having heard the contentions put forth on either side and on perusal of record, particularly, considering the fact that two of the accused persons have already been enlarged on bail and the case of the present Applicant, as per the Prosecution, also being similar, if not identical, to that of the aforesaid two accused persons who have already been released on bail, this Court is of the opinion that it is a fit where the present Applicant also can be enlarged on bail.
6. Accordingly, the Application under Section 439 of CrPC is allowed. It is ordered that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with two sureties of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed by the Trial Court.
Sd/-
/sharad/ Judge
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already released on bail.
Whether the recovery of stolen articles from the applicant's possession is a ground to deny bail.
2 provisions across 2 enactments
Sharad Verma
State of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
