Third bail application allowed for accused facing charges under Sections 147, 148, 294, 506, and 302 IPC. Court granted release upon furnishing personal bond with sureties despite prior rejection.
Release on bail conditioned on personal bond of Rs. 50,000/- with two sureties for the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5014 of 2023
Versus
CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY
----------------------------------------------------------------------------------------------For Applicant : Mr. Dharmesh Shrivastava, Adv. For Respondent/State : Mr. D. C. Verma, GA.
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
01.09.2023
This third bail application under Section 439 of the Cr.P.C. has been filed by the accused/applicant, who has been arrested on 09.04.2021 in connection with Crime No.94/2021 registered at Police Station City Kotwali, Bilaspur for the offence under Sections 147, 148, 149, 294, 506 & 302 of the IPC.
2. Prosecution case in brief is that, in the evening of 31.03.2021 the applicant along with the other co-accused persons assaulted the deceased Sheikh Iqbal by means of club, iron pipe, hands and fists, due to which he suffered grievous injuries all over his body. Thereafter, the deceased was referred to Medical College Hospital, Raipur, where he was succumbed to death. Based on above incident, the complainant/Sameer Khan has lodged an FIR against the present applicant and other co-accused persons and they have been arrested.
It is pertinent to mention here that first bail application filed by the applicant was rejected by this Court on 17.06.2022 in MCRC No.2650/2022. Thereafter, the applicant has filed second bail
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application which has been dismissed as withdrawn on 30.06.2023 in MCRC No.3580/2023.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that material witnesses have been examined and they have not supported the case of the prosecution. He further submits other accused persons have been released on bail by the co-ordinate Bench of this Court. He also submits that co-accused namely Imran Khan @ Immu Hussain has been released on bail by this Court on 28.06.2023 in MCRC No.2840/2023 and case of present applicant is identical to the case of that accused. He also submits that test identification parade has not been conducted by the prosecution. He also submits that the applicant is young boy aged 22 years and he is languishing in jail since 09.04.2021 and since then long period has been elapsed and conclusion of the trial is likely to take some more time. Therefore, considering the aforesaid aspects, the applicant may be released on bail.
4. Per contra, learned State counsel opposes the prayer for bail. However, he does not dispute the fact that case of the present applicant is similar to the accused Imran Khan who has been released on bail.
5. Having considered the aforesaid submissions and considering the backdrop of the case, further considering the statement of the witnesses and that similarly situated co-accused have been released on bail even after rejection of the first bail application of the present applicant, particularly considering the period of pretrial detention of the applicant, without commenting anything on merits of the case, this Court is of the opinion that the applicant can be released on bail.
6 . Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-
(a) he shall not act in any manner which will be prejudicial to fair and expeditious trial,
(b) he shall appear before the trial Court on each and every date given to her by the said Court till disposal of case,
(c) he shall not involve herself in any offence of similar nature in future.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
2 issues framed by the court
Whether the applicant should be granted bail after previous rejection in a case involving Sections 147, 148, 294, 506, and 302 IPC.
Whether the eligibility of co-accused for bail influences the current application.
1 provisions across 1 enactments
Aishwarya @ Golu Yadav
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
