High Court of Chhattisgarh granted regular bail to the applicant accused of murder and attempt to cause death, directing execution of a personal bond with one surety.
Regular bail under Section 439 CrPC allowed; directed to execute personal bond of Rs. 50,000 with one surety for appearance before Trial Court.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 899 of 2023
---- Applicant Versus • State Of Chhattisgarh Through District Magistrate, Raigarh, District : Raigarh, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------------- For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer For Complainant/objector : Mr. Amit Sharma, Advocate ----------------------------------------------------------------------------------------------
Hon'ble Shri Justice N.K. Chandravanshi Order On Board
13.4.2023
1 . This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 13.12.2022 in connection with Crime No.1720/2022 registered at Police Station Jutmil Kotwli, Distt. Raigarh (C.G.), for the offence punishable under Sections 302, 201of the Indian Penal Code.
2. Allegation against the applicant is that he committed murder of Bedram Sidar by assaulting upon his head by means of club (danda) and thereafter threw the club in the pond (dabri).
3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is further submitted that charge sheet has been filed and the applicant is in jail since 13.12.2022, but there is no evidence against the applicant to implicate him in the instance case except the alleged last seen together which was seen by one Raju Sidar. But statement of Raju Sidar was recorded after more than 40 days of the incident. It is further submitted that on the basis of memorandum statement one article i.e. club has been seized, but as per the FSL report, no blood stain was found on the club. He
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would further submit that conclusion of the trial will take considerable time, hence, the applicant may be enlarged on bail.
4. Per contra, learned counsel for the State, who is well supported by learned counsel for the complainant/objector would submit that charge sheet has been filed and there is evidence of last seen of the applicant with the deceased, hence, his application for bail is liable to be dismissed.
5. I have heard learned counsel for the parties, perused the material available on record.
6. Having regard to facts and circumstances of the case, particularly considering the evidence collected by the prosecution, detention period of the applicant and further charge sheet has already been filed, I feel inclined to grant bail to the applicant. Therefore, the application under Section 439 of the CrPC is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.
Certified copy as per rules.
Sd/(N.K. Chandravanshi) JUDGE
Bini
2 issues framed by the court
Whether an accused arrested for offences under Sections 302 and 201 IPC is entitled to regular bail under Section 439 CrPC, despite a filed charge sheet.
Whether the prosecution evidence of being last seen with the deceased is sufficient to refuse bail.
2 provisions across 2 enactments
Lakeshwar Khairwar
State Of Chhattisgarh
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
