High Court granted regular bail to applicant accused of murder and affray, allowing application based on parity with co-accused already released on bail by Coordinate Bench, directing personal bond of Rs. 25,000.
Applicant directed to be released on bail on furnishing personal bond for Rs. 25,000 with one surety in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:44948
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7328 of 2024
... Applicant
versus
... Respondent
For Applicant : Mr. Aman Pandey, Advocate For State : Mr. Santosh Kumar Soni, GA
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
19/11/2024
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for the offence punishable under Sections 147, 148, 149, 302, 336, 212
& 34 of the Indian Penal Code, 1860.
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“(a) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(b) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
(c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
(d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or
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without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.”
trial Court for necessary information and compliance forthwith.
Sd/-
(Deepak Kumar Tiwari) Judge
Priyanka
1 issue framed by the court
Whether the applicant is entitled to regular bail on the ground of parity with co-accused granted bail by Coordinate Bench.
8 provisions across 4 enactments
Priyanshu Raut
State of Chhattisgarh Through Station House Officer Purani Bhilai
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
