Allowed

Lajrus Ekka v. the State of Chhattisgarh

Chhattisgarh HC11 Sept 2024MCRC/5758/2024

Case brief

AI extract

What is this about?

Second regular bail application by an accused arrested for offences including Sections 394, 307 and 120-B IPC arising from a bank cashier being shot and looted. The court noted the prolonged trial, unserved summons to the prime witness and absence of criminal antecedents and allowed bail on a personal bond with sureties.

What did the court decide?

Applicant to be released on bail on personal bond of Rs.25,000 with two sureties in like sum, subject to appearance before court as directed.

Lajrus Ekka Vs the State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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2024:CGHC:35888

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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M.Cr.C No.5758 of 2024

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Lajrus Ekka S/o Nistor Ekka Aged About 27 Years R/o Village Sanchar Bahar, Police Station Lemru, District- Korba, Chhattisgarh.

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... Applicant

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versus

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The State Of Chhattisgarh Through Station House Officer, Police Station Dharamjaygarh, District- Raigarh, C.G. ... Non-Applicant.

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For Applicant : Shri Sumit Shrivastava, Advocate. For Non-Applicant : Shri Rajeev Bharat, G.A.

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Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2024.09.12 19:01:26 +0530

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12.09.2024

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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This is 2^nd bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.42/2021 registered at P.S Dharamjaygarh, District Raigarh (CG) for the offence under Sections 394, 395, 397, 398, 307 and 120-B IPC. The earlier

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application was rejected vide order dated 10.07.2023 passed in M.Cr.C No.9813/2022.

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Case of the prosecution is that on 01.03.2021, at about 9.50 am, when the cashier of Chhattisgarh Rajya Gramin Bank namely Vinod Lakda was going on his motorcycle, some unknown persons have injured him by firing gun shots and looted his bag, therefore, the aforesaid offence has been registered against the present Applicant.

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Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he was arrested on 13.03.2021. He further submits that there are no previous criminal antecedents against the present Applicant, though this Court earlier has directed for expeditious trial within the stipulated period, but the same has not yet been concluded. He further submits that two witnesses, who have been examined, have not identified the present Applicant, only his motor cycle has been seized and the summons issued to Complainant Vinod Lakda have not been served on him so far, the trial is likely to take quite some time for its conclusion, therefore, considering all the above aspects, the Applicant may be released on bail.

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On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and fairly admitted that except the motor cycle of the present Applicant, no other incriminating article has been recovered from him.

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Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering the delay in trial, summons have not yet been served on the prime witness Vinod Lakda, though they have been issued by the trial Court several times and further considering that earlier, this Court has directed for expeditious trial and also considering that there are no previous criminal antecedents against the present Applicant, without further commenting anything on merits, I am inclined to allow the application.

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Accordingly, the application is allowed and it is directed that on Applicant’s furnishing a personal bond for a sum of Rs.25,000/- with two ne sureties in the like sum to the satisfaction of the concerned Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priya

Lajrus Ekka v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lajrus Ekka v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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