Dharam Singh Vs State of Chhattisgarh

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 360 of 2024

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Dharam Singh S/o Sukhram Baiga Aged About 18 Years Caste- Baiga, R/o Vill- Salehghori, Ps- Gaurela, Tahsil- Pendra Road,District:Gaurela-Pendra-Marwahi,Chhattisgarh

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Purushottam Baiga S/o Ram Singh Aged About 30 Years R/o Vill- Chhirhitti Salehghori, Ps- Gaurela, Tahsil- Pendra Road,, District : Gaurela-Pendra-Marwahi, Chhattisgarh

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---- Applicants(in jail)

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station- Gaurela,, District : Gaurela-Pendra-Marwahi, Chhattisgarh

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---- Respondent

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------------------------------------------------------------------------------------------------------For Applicants :Mr. Vijay Shankar Mishra and Mr. Ashok Soni, Advocates.

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For Non-applicant/State :Mr. Pramod Shrivastava, Dy. Govt. Advocate.

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S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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05/02/2024

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At the outset, learned counsel for applicants seeks permission of this Court to withdraw bail application of applicant No.2.

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Accordingly, this bail application so far as it relates to applicant Nos.2, is dismissed as withdrawn.

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This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant No.1 for grant of regular bail to him as he is in custody in connection with Crime No.183/2021 registered at Police Station-Gaurela, District-Gaurela Pendra Marwahi(C.G.) for the offence punishable under Sections 302, 201, 323, 147, 148, 149, 294, 506B 341, 342 of Indian Penal Code.

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Case of prosecution, in brief, is that Lokesh Banjare lodged report stating that the accused persons have assaulted the complainant party

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Page No.2

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and due to injuries suffered by Suraj @ Surat, he died. Incident was reported, based upon which, the applicant and others were arrested on 29.5.2021.

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Learned counsel for the applicants submits that the applicant No.1 is innocent and has been falsely implicated in the crime in question. He has not committed any offence as alleged. There are three eyewitnesses to the incident i.e. Lokesh Banjare, Mukesh Banjare and Vikash Yadav. All the three eyewitnesses have been examined before the trial Court and they have not stated the name of present applicant to be one of the accused. Charge-sheet has been filed. Applicant Dharam Singh is in jail since 29.05.2021, hence, he may be enlarged on regular bail.

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Per contra, learned State counsel opposes the submissions made by counsel for applicant No.1. He further submits that the evidence of Lokesh Banjara and Vikash Yadav which is relied upon by counsel for applicant No.1 is subject matter of appreciation by the trial Court.

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I have heard learned counsel for both the parties.

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Taking into consideration the fact and circumstances of the case, nature of allegation, period of detention, without commenting anything on merits of case, I feel inclined to allow this bail application and release the applicant No.1 on bail.

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Accordingly, bail application is allowed and it is directed that applicantDharam Singh shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

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