Tameshwar Sahu @ Pakla Vs State of Chhattisgarh

This is Second Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023(for short “BNSS Act, 2023”) for grant of regular bail to the applicant, who has been arrested in connection with Crime No.533/2021 registered at Police Station- Durg, District Durg(C.G.) for the offence punishable under Sections 302, 120-

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B, 212, 34 of Indian Penal Code and Sections 25, 27 of Arms Act.

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Earlier bail application of the present applicant was dismissed vide order dated 10.07.2023 passed in MCRC No.3300 of 2023.

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Prosecution case, in brief, is that on 24.6.2021, at about 9.30 p.m., near Kadam plaza, the present applicant along with co-accused Durgesh Yadav @Billa in furtherance of a common intention to cause murder of deceased - Subhash Sahu, inflicted knife injuries to him, as a result of which, he succumbed to those injuries and to conceal the evidence, they hid themselves in the house of Krishna Yadav. Based on above incident, aforesaid offence has been registered against the applicant.

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Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is behind the bars since 25.06.2021. Learned counsel further submits that one of the co-accused namely Durgesh Yadav @Billa has already been enlarged on bail vide order dated 12.08.2024 passed by coordinate Bench in MCRC No.5223 of 2024 and the case of the present applicant is similar to the said case. Therefore considering the principle of parity, applicant may be enlarged on bail.

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Per contra, learned State counsel would oppose the bail application, however he would not dispute the fact that case of present applicant is similar to that of other co-accused who has been given benefit of bail.

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Having considered the submission and facts and circumstances of the case, particularly considering that similar situated co-accused has already been enlarged on bail and considering the principle of parity, I am

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inclined to grant bail to the applicant.

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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 Rs. 25,000/- with one surety in the like sum to the satisfaction

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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. 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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(Deepak Kumar Tiwari)

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Judge

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Avinash

Tameshwar Sahu @ Pakla v. State of Chhattisgarh

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Tameshwar Sahu @ Pakla v. State of Chhattisgarh

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