Allowed

Ashok Kenwat v. State of Chhattisgarh

Chhattisgarh HC9 Jul 2024MCRC/4138/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a second bail application filed by Ashok Kenwat, who was arrested for public nuisance, criminal intimidation, and illegal possession of a battle axe. The court granted bail subject to conditions including furnishing a bond.

What did the court decide?

Bail application allowed; release on regular bail upon furnishing a bond of ₹25,000 with one surety.

Ashok Kenwat Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4138 of 2024

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Ashok Kenwat S/o Ramashray Kenwat Aged About 45 Years R/o Village Subhashnagar, Charcha, Police Station Charcha, District : Koriya (Baikunthpur), Chhattisgarh

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------Applicant

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VERSUS

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State of Chhattisgarh through the Station House Officer, Police of Police Station Charcha, District : Koriya (Baikunthpur), Chhattisgarh

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------- Non-applicant

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For Applicant : Mr. Anil Gulati, Advocate

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For State : Mr. Vedant Shadangi, Panel Lawyer

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

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(10/ 07 /202 4)

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Applicant has filed this second bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 79/2024 registered at Police Station – Charcha, District Koriya (C.G.) for offence punishable under Sections 294, 506 of IPC and Section 25 & 27 of the Arms Act.

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Case of prosecution in brief is that on 24.03.2024 applicant was found with a battle axe and abusing the public on road in filthy language, based on the aforesaid incident he was arrested and the axe was also seized from his possession. He was arrested on 24.03.2024.

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Learned counsel for applicant submits that applicant has been implicated in the crime because some other crime was also registered against him. He was not in possession of battle axe with him as alleged. The seizure witnesses, have now been examined and they have not supported the case of prosecution.

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Learned State counsel opposes the submission of learned counsel for applicant and submits that there are eight criminal antecedents of applicant

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in which three are of the year 2016 for offences under Section 36(F)(2) of the Excise Act, 452, 294, 323, 506, 34 of IPC and Section 25, 27 of the Arms Act, one of the year 2019 under Section 294, 506, 323 of IPC and another is the year 2022 under Section 456, 294, 506, 323 of IPC. He further submits that the submission of learned counsel for applicant based on the deposition of witnesses is subject matter of appreciation by the trial court.

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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 based on the copy of deposition placed along with application, 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 applicant 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/-

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(Parth Prateem Sahu) Judge

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/pwn

Ashok Kenwat v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ashok Kenwat v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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