Allowed

Seemant Kumar v. State of Chhattisgarh

Chhattisgarh HC8 Sept 2023MCRC/5021/2023

Case brief

AI extract

What is this about?

On 08.09.2023, this court allowed the second bail application of an accused detained since December 2022. Citing the hostility of the injured and the duration of detention, the court directed release on personal bond with two sureties under Section 439 CrPC.

What did the court decide?

Released on bail on furnishing a personal bond of Rs.25,000/- along with two sureties for the like sum.

Seemant Kumar 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. 5021 of 2023

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Seemant Kumar S/o Late Ranjit Kumar Yadav Aged About 25 Years R/ o Village Ward No. 14 In Front Of State Bank, Sakti, Tahsil And Police Station Sakti, District Sakti (Janjgir-Champa) (C.G.) --- Applicant.

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Sakti, District Sakti, Chhattisgarh. --- Respondent.

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CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Applicant : Mr. Harishankar Patel, Adv. For Respondent/State : Ms. Astha Shukla, PL. ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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08.09.2023

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This second bail application under Section 439 of the Cr.P.C. has been filed by the accused/applicant who has been arrested on 12.12.2022 in connection with Crime No.427/2022 registered at Police Station Sakti, Janjgir-Champa for the offence under Sections 326 & 307 of the IPC.

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2. Case of the prosecution, in brief, is that present applicant and the injured Kuldeep Yadav are the real brothers and on 10.11.2022 when the present applicant demanded an amount of Rs.100/- from his mother, injured Kuldeep Yadav objected for the same stating that if she gave the money to the applicant, he would also be given money and started quarreling with his mother and thereafter, present applicant also started quarreling with injured and assaulted him with bricks on his head also cut his private part with blade, as a result thereof, injured Kuldeep Yadav sustained grievous injuries and became unconscious.

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It is pertinent to mention here that earlier bail application filed by

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the applicant was dismissed by this Court vide order dated 06.05.2023 in MCRC No.2294/2023.

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3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the crime in question. He also submits that injured (PW-1) and material witnesses have been examined before the trial Court and they have not supported the case of the prosecution. He also submits that the applicant is languishing in jail since 12.12.2022 and conclusion of the trial is likely to some more time. Therefore, the applicant may be released on bail.

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4. Per contra, learned State counsel opposes the prayer for bail.

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5. Having regard to aforesaid submission and considering the backdrop of the case, particularly, considering the statement of injured Kuldeep (PW-1) who has been turned hostile and also keeping in view the period of pretrial detention of the applicant, without commenting anything on merits, I am inclined to release the applicant on bail.

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6 . Accordingly, the application is allowed and it is directed that on his furnishing a personal bond in the sum of Rs.25,000/- with two sureties for the like sum to the satisfaction of the concerned Court, the applicant shall be released on bail on the following conditions:-

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(a) He shall not act in any manner which will be prejudicial to fair and expeditious trial,

Sd/-

(Deepak Kumar Tiwari) Judge

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Ajay

Seemant Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Seemant Kumar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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