Regular bail appeal under Section 14-A(2) SC/ST Act by an accused in a murder case arising from an assault during Ganesh immersion. The court noted eye-witness statements implicating the appellant and medical opinion of grievous head injuries, found the gravity of the offence sufficient to deny bail, and dismissed the appeal.
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2024:CGHC:37487
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1745 of 2024
... Appellant.
versus
... State/Respondent.
For Appellant : Shri Nishi Kant Sinha, Advocate. For State : Shri Santosh Kumar Soni, GA.
(Hon’ble Shri Justice Deepak Kumar Tiwari)
Order on Board
24/09/2024
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No.110/2020 registered at Police Station Udaipur Distt. Surguja(C.G.) for the offence punishable under Section 147, 148, 294/149, 506/149, 323/149, 302/149 of the IPC and Section 3(1)(r), 3(1)(s), 3(2)(5), 3(2)(VA) of the Scheduled castes and Scheduled tribes(Prevention of Atrocities) Act 1989.
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8 witnesses have been examined, conclusion of trial is likely to take considerable time. Learned counsel further submits that material witnesses have been examined. The Doctor has stated that the deceased sustained simple injuries. He further submits that other co-accused persons namely Rajendra Kumar, Devdas and Vijay have already been enlarged on bail vide order dated 12.01.2021 and 23.03.2021 respectively passed in CRA No.858 of 2020, Criminal Appeal No.144 of 2021 and Criminal Appeal No.226 of 2021 respectively. Considering these aspects, the appellant may also be enlarged on bail.
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appellant and the gravity of offence, I am not inclined to release the appellant on bail.
Sd/-
(Deepak Kumar Tiwari)
JUDGE
Avinash
1 issue framed by the court
Whether the accused in a murder and SC/ST Atrocities case should be released on regular bail given the evidence against him and gravity of the offence.
3 provisions across 2 enactments
Ashok Kumar Thakur
State of Chhattisgarh through Station House Officer, P.S. Udaipur, District Surguja (C.G.)
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
