The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC filed by Sharad Verma, granting release on personal bond after finding his case similar to that of a co-accused already at liberty on bail.
The applicant shall be released on bail on furnishing a personal bond for Rs.25,000/ with two sureties of 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. 1541 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.301/2022 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 one of the co-accused persons, Sanjay Chouhan, has already been enlarged on bail by this High Court vide Order dated 2.12.2022 passed in M.Cr.C. No.9166/2022. He further submits that the role played by the present Applicant is similar to that of the aforesaid accused person who has 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 one of the accused persons has 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 accused person who has 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/- (P. Sam Koshy)
/sharad/ Judge
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a fellow co-accused who has already been granted bail.
1 provisions across 1 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
