Allowed

Mukesh Singh @ Panchar v. State of Chhattisgarh

Chhattisgarh HC18 Jun 2024MCRC/1845/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. by an accused charged with attempted murder and arms offences, granting release based on parity with a similarly situated co-accused already released on bail.

What did the court decide?

Released on bail upon furnishing a personal bond of Rs.50,000/- with two sureties for the like amount.

Mukesh Singh @ Panchar Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1845 of 2024

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Mukesh Singh @ Panchar Son Of Sheshnath Singh Aged About 24 Years Resident Of Village And Post Karchhana, Dist. Prayagraj (Up), At Present Resident Of Infront Of Rajesh Medical Stores, Tanki Maroda, Police Station Newai, Dist. Durg, C.G.

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--- Applicant.

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Versus

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State Of Chhattisgarh Through The District Magistrate Durg, Dist. Durg, C.G. --- Respondent.

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(CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY)

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----------------------------------------------------------------------------------------------For Applicant : Mr. Jitendra Gupta, Advocate. For Respondent/State : Mr. Rajeev Bharat, Govt. Advocate. ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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19.06.2024

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This application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.212/2021 registered at Police Station Newai, Durg for the offence under Sections 307/34 of the IPC and Sections 25 & 27 of the Arms Act.

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Prosecution case, in brief, is that the complainant lodged an FIR to the effect that on the date of the incident, while returning home in the midnight, he saw a small car of reddish maroon colour parked in the middle of the road. When the complainant asked as to whose car is parked and take the car off the road, some unknown persons fired towards him, which hit on the right door of his car, on which, the complainant ran away and immediately informed the matter to the police. During, investigation, the applicant was arrested.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He further submits that similarly situated co-accused Nagendar Kumar @ Bengali has been enlarged on bail vide MCRC No.1265/2024. He also submits that material witnesses have been examined and they have not supported the case of the prosecution. He further submits the applicant is languishing in jail since 11.08.2021 and the trial is not concluded so far. Therefore, the applicant may be released on bail. He also submits that the applicant would abide all terms and conditions imposed on him while granting bail.

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4. Per contra, learned State counsel opposes the prayer for bail. However, he does not dispute the fact that role of the present applicant is similar to the co-accused Nagendar Kumar @ Bengali.

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5. Having regard to the aforesaid submissions and considering the facts and circumstances of the case, further considering the role attributed to the present applicant; period of pretrial detention of the applicant, particularly considering that similarly situated co-accused has been released and keeping in view the principle of parity, I am inclined to release the applicant on bail.

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6 . Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the

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following conditions:-

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

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

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7. It is also made clear that if the applicant is found involve in any offence of similar nature in future, this order granting bail to the applicant shall lose its efficacy without further reference to the Bench.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Mukesh Singh @ Panchar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mukesh Singh @ Panchar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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