The High Court of Chhattisgarh allowed the third bail application of the applicant, permitting release on personal bond with one surety, citing that similar accused had already been granted bail and the applicant faces trial delays.
Applicant directed to be released on bail on furnishing a personal bond of Rs. 25,000 with one solvent surety.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 712 of 2024
1 - Girdhari Patel S/o Bhagiram Patel Aged About 31 Years R/o Manddeval Para, Police Station Arang, District Raipur Chhattisgarh. ---- Applicant
Versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station Arang, District Raipur Chhattisgarh.
---- Respondent
For the Applicant/s :- Mr. Pradeep Singh Rathore, Avocate For the State :- Ms. Upashna Mehta, Dy. GA
_______________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput,
Order on Board
14.02.2024
The applicant has preferred this Third bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 704 of 2022 registered in Police Station Arang, District Raipur, CG for offence punishable under Sections 394, 341, 50t and 34 of IPC. The frst bail application was dismissed on merits vide order dated 15.02.2023 passed in MCRC No. 584 of 2023 and the second bail application was also dismissed on merits vide order dated 11.08.2023 passed in MCRC No. 5771 of 2023.
implicated in the case. He further submits that the similar allegation were leveled against three accused persons and two accused namely Raju Nishad and Rajesh Nishad have already granted bail by this Court vide order dated 17.01.2024 passed in MCRC No. 8985 of 2023 and the case of the present applicant is not different from their case. He further submits that the material witnesses have been examined and they have not supported the case of the prosecution and their statement does not inspire confdence. He further submits that the applicant is in jail since 08.11.2022 and trial is likely to take sometime, therefore, he may be enlarged on bail.
t. Considering the facts and circumstances of the case, two accused persons namely Raju Nishad and Rajesh Nishad have already been granted bail by this Court; the applicant is in jail since 08.11.2022; there is no likelihood of his absconding or tampering with the evidence; trial may take some time for conclusion, without commenting anything on the merits of the case, I am inclined to enlarge the applicant on bail.
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 on the condition that :-
(i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
(ii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial;
(iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial;
(iv) that applicant will not involve himself in any offence of similar nature.
Sd/-
(Sachin Singh Rajput) Judge
PAWAN
1 issue framed by the court
Whether the applicant should be granted regular bail on third bail application when similar cases for other accused were granted bail.
1 provisions across 1 enactments
Girdhari Patel
State Of Chhattisgarh
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
