Allowed

Satish Kumar Rathiya v. State of Chhattisgarh

Chhattisgarh HC10 Oct 2023MCRC/5473/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed a second bail application filed by an accused in murder case, directing execution of personal bond with fine and compliance with standard bail conditions.

What did the court decide?

Bail grant conditioned on executing personal bond for Rs. 25,000/- with one surety and complying with specified conditions regarding trial attendance and conduct.

Satish Kumar Rathiya Vs State of… — 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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Order Reserved on 06.10.2023

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Order Delivered on 10. 10.2023

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MCRC No. 5473 of 2023

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Satish Kumar Rathiya S/o Lakshman Ram Rathiya Aged About 21 Years R/o Dhoram Police Station Gharghoda, District- Raigarh, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Gharghoda, District- Raigarh, Chhattisgarh.

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---- Respondent

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For Applicant : Shri Hariom Rai, Advocate For Respondent /State : Shri Ishwar Jaiswal, PL

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Hon’ble Shri Justice Sachin Singh Rajput

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The applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 292/2021 registered at police station Gharghoda, district Raigarh (CG) for the offence punishable under Sections 302/201 IPC.

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The first bail application filed on behalf of the applicant was dismissed as withdrawn vide order dated 16.12.2022 in M.Cr.C. No. 9153 of 2022.

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Case of prosecution in brief, is that on 09.07.2021 the deceased came home in a drunken condition and was assaulting his mother

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upon which the applicant who is the brother of the deceased, intervened to pacify the matter but the deceased tried to press his neck. Then he resisted and assaulted 2-3 blows with club on the head of the deceased as a result of which he died. Thereafter with an intention to hide the evidence, had given a false information at the police station that the deceased died on account of falling from the roof.

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Learned counsel for the applicant submits that the applicant is in jail since 07.09.2021; the trial has not yet concluded and there is every possibility that it will take considerable time to conclude the trial. Even otherwise, the important witnesses of prosecution have not supported the prosecution case, therefore, the applicant may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application.

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Having considered the facts and circumstances of the case and considering the entire evidence available on record and the statement recorded by the trial court, looking to the detention period of the applicant and that the trial is likely to take sometime, without further commenting on merits, I am inclined to allow this bail application.

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Accordingly, the bail application filed by applicant is allowed and it is directed that in the event of applicant executing a personal bond for a sum of Rs. 25,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions:

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(i) he shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

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

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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(iv) he shall not involve himself in any offence of similar nature in future.

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It is made clear that the observations made hereinabove is only

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for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove.

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Sd/(Sachin Singh Rajput) Judge

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suguna

Satish Kumar Rathiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Satish Kumar Rathiya v. State of Chhattisgarh

Case brief

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What did the court decide?

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