Allowed

Subhash Chandra Yadav v. State of Chhattisgarh

Chhattisgarh HC15 Jan 2024MCRC/294/2024

Case brief

AI extract

What is this about?

This judgment allows the second bail application of an applicant arrested under Sections 302 and 34 IPC for alleged murder while on guard duty. The High Court considered false implication, lack of seized weapon, and co-accused bail, directing release on a personal bond with one surety.

What did the court decide?

Released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount.

Subhash Chandra Yadav 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. 294 of 2024

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Subhash Chandra Yadav S/o Late Shri Ram Badarath Yadav Aged About 47 Years, R/o Goura, Tahsil Karchhana, District : Allahabad, Uttar Pradesh

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---- Applicant

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Versus

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State Of Chhattisgarh, Through Station House Officer, Police Station Maudhapara, Raipur, District : Raipur, Chhattisgarh

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---- Respondent

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*CAUSE TITLE TAKEN FROM CIS PERIPHERY* ----------------------------------------------------------------------------------------------- For Applicant : Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Vinod Tekam, Panel Lawyer
------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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1 6.01.2024

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1. Heard.

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2. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.55/2023 registered at Police Station Maudhapara, Raipur District Raipur (C.G) for the offence punishable under Sections 302 and 34 of the IPC.

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3. The first bail application of the applicant was dismissed as withdrawn with liberty to repeat the prayer after examination of the material witnesses, vide order dated 12.07.2023 passed in MCRC No.3398/2023.

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4. Prosecution story, in brief, is that the present applicant was

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doing guard duty at Government Physiotherapy College, Marhi Mata Square, District Raipur and while he was on duty, he saw an unknown person lying unconscious on the road and thereafter, he admitted him in Mekahara Hospital, Raipur, however, during the treatment he died. On the basis of this, the Police registered an FIR against the applicant only on the basis of suspicion for the offence under Sections 302 & 34 of the IPC.

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5. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the case. He submits that the material witnesses have been examined before the learned trial Court and they have not supported the case of the prosecution. He also submits that the Police has not seized any weapon from the possession of the applicant. He would further submit that other co-accused namely Yogendra Mishra and Santosh Mishra have been already enlarged on bail vide order dated 02.01.2024 passed in MCRC No.8698/2023 and the applicant is in jail since 08.03.2023. He would further submit that no identification parade was conducted against the present applicant. Hence, considering all these aspects, the applicant may be enlarged on bail.

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6. Per contra, counsel for the State opposes the bail application.

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7. Having considered the submissions and also considering the pre-trial detention of the applicant and that the conclusion of trial is likely to take some more time, I am inclined to release the applicant on bail.

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8. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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9. Certified copy as per rules.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Subhash Chandra Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Subhash Chandra Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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