Allowed

Yashaswi Ramteke v. the State of Chhattisgarh

Chhattisgarh HC17 Apr 2023MCRC/2321/2023

Case brief

AI extract

What is this about?

This High Court of Chhattisgarh allowed a third bail application under Section 439 Cr.P.C., granting regular bail due to the applicant's extended custody, delayed prosecution testimony, and parity with other co-accused already on bail, directing a speedy trial within 1.5 years.

What did the court decide?

Applicant released on regular bail via personal bond of Rs. 25,000 with two solvent sureties; trial directed to conclude within 1.5 years.

Yashaswi Ramteke Vs the State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

MCRC No. 2321 of 2023

¶6

Yashaswi Ramteke S/o Pramod Ramteke Aged About 19 Years Mamta Nagar, Lane 6 Ward No. 19, Rajnandgaon, District : Rajnandgaon, Chhattisgarh ---- Applicant

¶7

Versus

¶8

The State Of Chhattisgarh Through Station House Officer, The Police Station Kotwali, District : Rajnandgaon, Chhattisgarh ---- Respondent

¶9

For the Applicant : Mr. Shaleen Singh Baghel, ADvocate Respondent/State : Mr. Suyash Dhar, PL

¶10

Hon'ble Shri Justice Narendra Kumar Vyas

¶11

Order on Board

¶12

17-04.2023

¶13

This is the third bail application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 5-8-2021 in connection with Crime No. 456 of 2021 registered at Police Station City Kotwali, District Rajnandgaon (C.G.) for offence punishable under Sections 364, 294, 324, 325, 506, 342, 147 and 148 of the IPC. Earlier first bail application filed by the applicant was rejected on 17/12/2021 and second bail application was rejected on 17-8-2022.

¶14

As per the case of the prosecution, on 4-8-2021 the aplicant along with other co-accused persons due to previous animosity over the money and had beaten the victims/complainant by lathis and knife, as a result of which the complainant/victim sustained injuries.

¶15

Learned counsel for the applicants submits that the applicant are innocent and has been falsely implicated in the crime in question. He further submits that the statement of complainant is not

¶16

¶17

credible, the applicant is in custody since 5-8-2021 and conclusion of the trial is likely to take some time. He would furthr submit that the applicant is a student of Gov. Multii Higher Secondary School, Rajnandgaon and his examinations are going to be held on 19^th of April, 2023 and if the applicant will not appear to his examinations, then this will have a bad effect on his education and he would suffer a lot in future. He would further submit that the case of the present accused person is similar to that of other co-accused persons who have already been granted bail by this court by order dated 27-3-2023 passed in M.Cr.C. No 1840 of 2023 and other connected matters, therefore, the present applicant may be released on bail on the ground of parity.

¶18

On the other hand, learned counsel for the State though opposes the bail applications but has not denied the fact that similarly situated co-accused persons have been released on bail.

¶19

I have heard learned counsel for the partgies and perused the case diary.

¶20

Considering the facts and circumstances of the case particularly the fact that even after lapse of 1 and 7 months, neither the prosecution witnesses have been examined nor they appeared befoer the trial court as the summons were returned unserved and also the fact that the applicant is in jail since 5-8-2021 ie.,. more than 1 year and seven months and also further considering the fact that other co-accused persons have already been released on bail by this court, trial is likely to take some time in its conclusion, without commenting anything on the merits of the case, this Court is of the view that it is a fit case to release the applicant on regular bail.

¶21

Accordingly, the bail application is allowed. The applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two solvent sureities for the like sum to the satisfaction of the Trial Court. He shall appear before the trial court on each and every date given by the said trial court,

¶22

¶23

till disposal of the trial.

¶24

It is made clear that the applicant shall not involve himself in any offence of similar nature in future, otherwise, bail granted to him shall be liable to be cancelled without further reference to the Bench.

¶25

It is directed that the trial court shall make an endeavour to conclude trial within out limit of one year and six months from the date of receipt of a copy of this order.

¶26

Certified copy today as per rules.

¶27

Sd/-

¶28

(Narendra Kumar Vyas)

¶29

Judge

¶30

Raju

Yashaswi Ramteke v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Yashaswi Ramteke v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balram Nishad Vs Himshikhar Gupta

Mahendra Vs State of Chhattisgarh

Deleted (Goutam Mandal) Vs State of Chhattisgarh

Sanjay Kumar Gupta Vs Smt.laxmi Gupta And Ors.

State of Chhattisgarh Vs Dr. Shailendra Kumar Patel

Vidhya Bhushan Singh Vs R. Prasanna