Tirthoram Pradhan Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 5810 of 2024

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1 - Tirthoram Pradhan S/o Dewadhi Pradhan Aged About 35 Years Occupation Agriculture R/o Kenapara, P.S. And Tahsil Lailunga District Raigarh (C.G.)

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---- Applicant

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versus

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1 - State Of Chhattisgarh Through Station House Officer, Police Station Lailunga, District Raigarh (C.G.)

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	----Respondent
For Applicant	: Mr. Gurudev I. Sharan with Shubham Dewangan and Ms. Seema Verma, Advocates
For Respondent	: Mr. Sabyasachi Choubey, P. L.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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05.09.2024

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The applicant has preferred this fourth bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he is in custody in connection with crime No. 238 of 2022 registered in Police Station -Lailunga, District Raigarh, C.G. for offence punishable under Sections 304 of IPC.

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The first bail application of the applicant was dismissed as withdrawn on 02.02.2023 in MCRC No. 10250 of 2022 and the second bail application was

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dismissed on 28.06.2023 in MCRC No. 4538/2023. The third bail application was dismissed on 04.12.2023 in MCRC No. 7701/2023.

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Case of the prosecution in brief, is that the applicant administered 3 injection to the victim Irfa Khan resulting which she died. The merg has ben registered and after merg enquiry FIR has been registered against the applicant after almost 9 months.

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Learned counsel for the applicant submits that though it is a fourth application, however, none of the previous applications filed by the applicant has been decided on merits. He further submits that the star witness namely Nawab Khan the father of the deceased girl has been examined and not supported the case of the prosecution. He submits that from the statement of Nawab Khan it could be safely gathered that the prosecution was unable to show that the deceased girl died on account of administering the injection by the applicant. Apart from this, he submits that the applicant is jail since 12.10.2022 and no minimum sentence is provided under Section 304 of IPC. Apart from this, he submits that the trial is progressing with the slow speed and it will take considerable time to conclude and looking to the detention period the applicant may be released on bail and he is ready and willing to comply with any of the condition imposed by this Court while granting bail to the applicant.

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On the other hand, learned counsel for the State opposes the bail application.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the facts and circumstances of the case, considering the rival submissions made by counsel for parties, looking to the detention period, material available on record and also perusing the statement of the father of the victim, I am inclined to allow this bail application.

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

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It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future.

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Certified copy as per rules.

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Sd/-

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(Sachin Singh Rajput ) Judge

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H.Ansari

Tirthoram Pradhan v. State of Chhattisgarh

Case brief

What is this about?

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Tirthoram Pradhan v. State of Chhattisgarh

Case brief

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