The High Court of Chhattisgarh rejected the third bail application in a dacoity case. Citing the grave nature of the offence and prior rejections, the court refused bail but directed the trial court to frame charges and expedite the trial.
Bail application rejected. Trial court directed to frame charges and expedite trial.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5295 of 2023
---- Applicant
Versus
---- Non-Applicant
For Applicant : Shri Ajay Ayachi, Advocate. For Non-Applicant : Ms. Astha Shukla, GA.
Hon'ble Shri Deepak Kumar Tiwari, J
Order On Board
13/10/2023 :
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She submits that for such a serious offence of dacoity, charge sheet has been filed by the prosecution. She would draw attention of the Court to the fact that some of the accused were not present before the trial Court and the time was sought and the counsel had filed an application for exemption and for such reasons, the charges have not been framed by the trial Court. In view of the rejection of the earlier bail applications, the present bail application be also rejected.
Sd/(Deepak Kumar Tiwari) Judge
Barve
3 issues framed by the court
Whether the applicant is entitled to be released on bail in a dacoity case involving serious offences and prior bail rejections.
Whether delay in framing charges due to absence of co-accused warrants release on bail.
Whether the High Court should direct the trial court to expedite framing of charges and trial.
6 provisions across 2 enactments
Ajay Kumar Dhruv
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
