Allowed

Rahul Madhukar v. State of Chhattisgarh

Chhattisgarh HC13 Feb 2024MCRC/267/2024

Case brief

AI extract

What is this about?

Regular bail sought by a young applicant arrested for possessing an iron weapon (chapad) under Sections 25 and 27 of the Arms Act. Considering his age, period of detention and nature of allegations, without commenting on merits, bail granted on bond of ₹25,000 with one surety and conditions against tampering with witnesses.

What did the court decide?

Applicant to be released on regular bail on furnishing bond of ₹25,000 with one surety, subject to stated conditions.

Rahul Madhukar Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 267 of 2024

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Rahul Madhukar S/o Parmeshwar Madhukar Aged About 18 Years R/o Village Pachpedi, Police Station Pachpedi, District Bilaspur (C.G.)

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------Applicant

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VERSUS

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State of Chhattisgarh through the Station House Officer Police Station Pachpedi, District Bilasur (C.G.)

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------- Non-applicant

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For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-applicant : Ms. Sunita Manikpuri, Panel Lawyer

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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14/02/2024

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 415/2023 registered at Police Station – Pachpedi District Bilaspur (C.G.) for offence punishable under Section 25, 27 of the Arms Act.

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Case of prosecution is that on 25.12.2023 when the police was on patrolling duty, they received a secret information that applicant is carrying a weapon made of iron ( chapad) is shouting on the road and terrifying the public. Based upon which, police reached on the spot, one person was intercepted and after verifying his name, weapon was seized from his possession and he was arrested in the aforementioned crime.

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Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged against him. He contended that applicant is a young boy of tender age, is in jail since 25.12.2023, hence, he may be enlarged on bail.

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Learned State counsel opposes the submission of learned counsel for applicant and submits that upon receiving information police reached on the spot and caught hold applicant shouting and terrifying the public by showing the iron weapon (chapad). She submits that there is one more

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criminal antecedent against the applicant.

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At this stage, learned counsel for applicant submits that the other offence is of the year 2023 for offence under Sections 294, 323, 506 and 147 and the said case was decided based on the compromise entered into between the parties. Copy of the order is also placed on record.

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I have heard learned counsel for the parties.

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Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for applicant, age of applicant and the period of detention, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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/pawan

Rahul Madhukar v. State of Chhattisgarh

Case brief

What is this about?

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Rahul Madhukar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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