Allowed

Haresh Pradhan v. State of Chhattisgarh

Chhattisgarh HC22 Jun 2023MCRC/3425/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a second bail application filed by the applicant charged with murder. The court was inclined to grant bail considering witness depositions and the fact that the seized weapon did not have blood stains.

What did the court decide?

Application for bail under Section 439 CrPC allowed; applicant to be released on execution of personal bond for Rs. 25,000/- with one surety.

Haresh Pradhan 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. 3425 of 2023

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Haresh Pradhan S/o Kailash Pradhan Aged About 34 Years R/o Chhibarra, Police Station And Tahsil Saraipali, District : Mahasamund, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Saraipali, District : Mahasamund, Chhattisgarh

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---- Respondent

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For Applicant For Respondent/State

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:Shri Sushobhit Singh, Advocate : Shri Kunal Das, Panel Lawyer

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Hon'ble Shri Justice N.K. Chandravanshi

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Order On Board

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22.6.2023

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1 . This is second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 29.4.2022 in connection with Crime No.177/2022 registered at Police Station Saraipali Distt. Mahasamund (C.G.), for the offence punishable under Sections 302, 34 of the Indian Penal Code. First bail application of the applicant was dismissed as withdrawn on 04.4.2023.

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2. As per the prosecution story, in the night of 29.4.2022, dispute occurred on account of dance in the marriage procession as the applicant and other co-accused persons, despite outsiders, wanted to dance in the marriage procession which was objected, hence, by means of wooden club and bat, they assaulted Rajkumar Sidar due to which he sustained injuries and succumbed to those injuries.

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3. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in this case. It is submitted that the applicant had neither assaulted the deceased nor involved in the alleged crime, rather the deceased fell down while dancing, hence, he succumbed to the injuries. It is next submitted that 09 witnesses have been examined including eye witnesses. Certified copy of the deposition of those witnesses have been filed

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which show that none of the witnesses, including the alleged eye witnesses have stated the involvement of the applicant in the instance crime. It is further submitted that only wooden club has been seized from the applicant, which does not contain any blood stain as per the seizure memo. Further, the applicant is in jail since 29.4.2022 and 10 witnesses are yet to be examined, thus conclusion of the trial will take long time, hence, he may be released on bail.

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4. On the other hand, learned counsel for the State opposed the statement of learned counsel for the applicant.

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5. I have heard learned counsel for the parties, perused the case diary and material available on record.

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6. Having regard to the facts and circumstances of the case, particularly considering the deposition of the witnesses, who were examined before the trial Court and further considering the fact that only wooden club is stated to be seized from the applicant, hence, considering the totality of the case, I feel inclined to grant bail to the applicant. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.

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Certified copy as per rules

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SD/-

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(N.K. Chandravanshi) JUDGE

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Bini

Haresh Pradhan v. State of Chhattisgarh

Case brief

What is this about?

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Haresh Pradhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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