In a bail application under Section 439 Cr.P.C. for an alleged theft, the High Court allowed regular bail pending trial, directing furnishing of a bond with surety, while not commenting on the merits of the prosecution's case.
Application allowed. Released on regular bail upon furnishing a bond of Rs.25,000/- with one local surety in the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 217 of 2024
1- Radheshyam Nag S/o Biranchi Nag Aged About 50 Years, R/o Village Mathpuraina Near Bajaj Skay Hi-Tech, Bhathagaon, Raipur, Tahsil And District- Raipur, Chhattisgarh.
---- Applicant
Versus
1- State Of Chhattisgarh, Through Station House Officer, Police Station Maudhapara Raipur, District- Raipur, Chhattisgarh.
---- Respondent
For Applicant : Ms. Khusbu Sahu, Advocate For Respondent/State : Mr. Neeraj Sharma, Dy.A.G.
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
05/02/2024
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alleging that on 10.11.2023 when he went to his shop, he found that some one committed theft from his shop of Rs.5,00,000/cash and imitation jwellery. During the course of investigation, applicant was arrested on 23.11.2023.
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Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court below on the conditions that:-
a). Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.
(b). Applicant shall not, in any manner, tamper with the prosecution witnesses.
c). If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge
Balram
2 issues framed by the court
Whether the applicant is eligible for regular bail despite the pending charge-sheet in a theft case.
Whether the pre-trial detention should be terminated given the lack of antecedents.
4 provisions across 2 enactments
Radheshyam Nag
State Of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
