Allowed

Dinesh v. State of Chhattisgarh

Chhattisgarh HC23 Aug 2023MCRC/5928/2023

Case brief

AI extract

What is this about?

The High Court allowed the fourth bail application filed by the applicant, who was arrested for rioting and attempt to murder. Relying on a similar order by a coordinate bench, the court granted bail directing the applicant to execute a personal bond with a surety.

What did the court decide?

Bail granted on execution of a personal bond of Rs. 25,000/- with one solvent surety for the like amount.

Dinesh 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. 5928 of 2023

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Dinesh S/o Late Ramesh Nirmalkar Aged About 56 Years R/o Village Navagaon Muteda, Police Station And Tahsil Khairagarh, District Rajnandgaon (Now District Khairagarh-Chhuikhadan-Gandai) (C.G.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Khairagarh, District Rajnandgaon (Now District Khairagarh-ChhuikhadanGandai) (C.G.)

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---- Respondent

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For Applicant : Shri Akash Kedia, Advocate For Respondent/State : Shri Kunal Das, PL

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Hon'ble Smt Justice Rajani Dubey Order on Board

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23.08.2023

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Applicant has preferred this 4^th bail application under Section 439 of the CrPC for grant of regular bail as he is arrested in connection with Crime No.413 of 2019, registered at Police Station-Khairagarh, district-Rajnandgaon (now district-Khairagarh-Chhuikhadan-Gandai)(CG) for the offence punishable under Sections 147, 148, and 307 of the IPC.

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Applicant’s 1^st bail application has been dismissed as withdrawn vide order dated 30.06.2020 in MCRC-327 of 2020; 2^nd bail application was dismissed on merits on 17.02.2021 and 3^rd bail application was also dismissed on 09.06.2021 as there is no change in circumstances.

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As per prosecution case, allegation against present applicant is that, he along with other co-accused persons, assaulted one Kamal Verma, due to which he got severe injuries on his head and died during treatment.

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Learned counsel for the applicant submits that present applicant has been falsely implicated in the crime in question. He further submits that vide

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Mcrc 5928 of 2023

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order dated 21.08.2023, similarly situated co-accused person in MCRC-5732 of 2023 has already been granted bail by co-ordinate Bench of this Court, therefore, present applicant may also be extended the privilege of bail.

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

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Heard learned counsel for the parties and perused the material on record.

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Considering totality of the facts and circumstances of the case, and further considering the order passed by the co-ordinate Bench in MCRC-5732 of 2023 and looking to the allegation against the present applicant, without further commenting on merits of the case, I am inclined to release the applicant on bail.

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Accordingly, bail application is allowed.

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It is directed that applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty-five thousand) with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

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Certified copy as per rules.

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Sd/(Rajani Dubey) JUDGE

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padma

Dinesh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dinesh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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