Sonu Patel @ Naresh Patel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

Sonu Patel @ Naresh Patel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

First regular bail application allowed; applicant to be released on furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court concerned, on conditions of regular appearance before the trial Court, non-tampering with prosecution witnesses, and openness for the State to apply for cancellation of bail if found involved in similar offence in future.

Issue for consideration

Whether the applicant, who is in custody since 1.3.2023 in connection with Crime No.39/2023 registered at Police Station Baghbahra, District Mahasamund (C.G.) for offences under Sections 147, 148, 149, 307, 294, 506, 201 & 34 IPC, should be granted regular bail.

Court's answer

Taking into consideration the facts and circumstances of the case, the nature of allegation, the submissions of counsel for the parties, and the fact that the co-accused persons have already been granted bail, the Court was inclined to allow the bail application, expressly without commenting anything on the merits of the case.

Ratio / Principle

It was directed that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court concerned, on the conditions that he appear before the trial Court regularly on each and every date unless exempted, that he not in any manner tamper with the prosecution witnesses, and that if he is found involved in similar offence in future it will be open for the State to apply for cancellation of bail.

Detailed headnote1 paragraphs

First regular bail application under Section 439 of the Code of Criminal Procedure, 1973 by Sonu Patel @ Naresh Patel, aged about 25 years, in custody since 1.3.2023 in Crime No.39/2023 of Police Station Baghbahra, District Mahasamund (C.G.), registered for offences under Sections 147, 148, 149, 307, 294, 506, 201 & 34 of the Indian Penal Code. Prosecution alleges that on 24.2.2023 the applicant along with co-accused persons assaulted the victim and put burning ember in her mouth, the doctor noticing multiple injuries including a burn injury in her mouth. Counsel urged innocence, submitted that the victim in her Court statement had not specifically named the applicant among the assailants, and pointed to parity with three co-accused (Bhojkumar, Naresh Patel and Rakesh Diwan) already enlarged on regular bail by this Court on 21.11.2023 in MCRC No.3928 of 2023, a fact the State did not dispute. Taking into account the facts, nature of allegation, submissions and the co-accused bail precedent, without commenting on the merits, the Court allowed the application and directed release on a personal bond of Rs.25,000/- with one surety in the like sum, subject to conditions of regular attendance before the trial Court, non-tampering with prosecution witnesses, and liability to cancellation if found involved in similar offences in future.

Page No.1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 911 of 2024

Sonu Patel @ Naresh Patel S/o Shri Roopsingh Patel Aged About 25 Years R/o Village Paterapali, P.S. Baghbahra, Distt. Mahasamund, C.G.

---- Applicant(in jail)

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Baghbahra, Civil And Revenue, Distt. Mahasamund, C.G.

---- Non-applicant

------------------------------------------------------------------------------------------For Applicant : Mr. Sunil Verma, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Dy. Advocate General.

S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board

27/02/2024

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as she is in custody in connection with Crime No.39/2023 registered at Police Station Baghbahra, District Mahasamund (C.G.) for the offence punishable under Sections 147, 148, 149, 307, 294, 506, 201 & 34 of the Indian Penal Code.

Case of the prosecution, in brief, is that on 24.2.2023 the applicant along with co-accused persons have assaulted victim and also put burning ember in her mouth. She was taken to hospital where the doctor noticed multiple injuries on the person of injured including burn injury in her mouth. Incident was reported in the concerned police-station, based

Page No.2

upon which aforementioned crime was registered against applicant and other co-accused persons. Applicant was arrested on 1.3.2023.

Learned counsel for applicant would submit that applicant is innocent and has not committed any offence as alleged. Though the allegation against the applicant is of assaulting the injured, however, the victim in her Court statement has not specifically stated the name of applicant to be one of the assailants. Other three co-accused persons namely Bhojkumar, Naresh Patel and Rakesh Diwan have already been enlarged on regular bail by this Court vide order dated 21.11.2023 passed in MCRC No.3928 of 2023 and the allegations against present applicant are similar to that of coaccused persons already enlarged on regular bail. Applicant is in jail since 1.3.2023, hence, he may be enlarged on regular bail.

Learned counsel for the State opposes submissions of learned counsel for applicant. However, he does not dispute the submission of learned counsel for applicant that other coaccused persons have been enlarged on bail.

I have heard learned counsel for the parties.

Taking into consideration the facts and circumstances of the case, nature of allegation, submission of counsel for the parties and the fact that co-accused persons have already been granted bail, without commenting anything on merits of case, I am inclined to allow this bail application.

Page No.3

Accordingly, bail application is allowed and it is directed that applicant shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance.

he shall not, in any manner, tamper with the prosecution witnesses.

If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

Certified copy as per rules.

Sd/( Parth Prateem Sahu) Judge

Nisha