Second bail application under Section 439 CrPC in a murder case based on a sole eyewitness who turned hostile. Considering the period of pre-trial detention and the witness's deposition without commenting on merits, the court allowed bail with conditions.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3653 of 2024
1- Amar Dhruv S/o Kunj Ram Dhruv Aged About 26 Years, R/o Banjari Nagar, Near Som Colds, Ravanbhata, Ps Khamtarai, Raipur, Distt - Raipur, Chhattisgarh.
---- Applicant
Versus
1- State Of Chhattisgarh, Through Police Station Khamtari, Raipur, Distt - Raipur, Chhattisgarh.
---- Respondent
For Applicant : Ms. Ruchi Nagar, Advocate For Respondent : Mr. Dilman Rati Minj, Govt. Advocate
Hon'ble Shri Justice Parth Prateem Sahu Order On Board
04/07/2024
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was travelling on motorcycle. On the way, they found one Virendra Singh standing on the road, to which, the applicant asked him to get on the side of the road. Virendra Singh refused to get on the side of the road, upon which, oral altercation took place between them and during course of quarrel, applicant brought iron rod from Lakki Company situated on the side of the road and has assaulted Virendra Singh, who suffered injury and succumbed to injuries. Morgue was reported and after morgue inquiry, FIR was registered against the applicant.
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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
1 issue framed by the court
Whether a second regular bail application should be granted where the sole eyewitness has not supported the prosecution case against the applicant.
2 provisions across 2 enactments
Amar Dhruv
State of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
