This is a bail application under Section 439 CrPC for a murder accused. The court noted lack of clinching evidence, hostile prosecution witnesses, and bail for co-accused. The application was allowed.
Applicant released on bail upon furnishing a personal bond of Rs.50,000/- with one surety in 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, BILASPUR M.Cr.C. No.2790 of 2023
Nikhil Sahu S/o Tularam Sahu Aged About 20 Years R/o Choubey Bandha, P.S. Rajim, District - Gariyaband Chhattisgarh. ---Applicant
Versus
The State Of Chhattisgarh P.S. Magarlod (Police Chowki Kareli Badi), - District Dhamtari Chhattisgarh. ----Non-Applicant
For Applicant: Shri Hemant Kumar Agrawal, Advocate. For Non-Applicant/State: Ms. Seema Dixit, PL. For Objector: Shri Dashrath Kushwaha, Advocate.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
15.06.2023
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Nos.386/2023 and 762/2023 respectively, conclusion of trial may take some time, without further commenting anything on merits, I am inclined to allow the application.
Sd/-
(Deepak Kumar Tiwari) Judge
Priya
3 issues framed by the court
Whether bail should be granted to the applicant accused of murder given the lack of clinching evidence and hostile prosecution witnesses?
Whether the grant of bail to co-accused warrants consideration of the present applicant's bail?
Whether the applicant should be released on bail pending the conclusion of the trial?
1 provisions across 1 enactments
Nikhil Sahu
The State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
