Allowed

Sushil Rana v. State of Chhattisgarh

Chhattisgarh HC9 Jun 2024MCRC/924/2024

Case brief

AI extract

What is this about?

Second regular bail application in a murder case where the FIR informant (the applicant's mother) and both memorandum witnesses turned hostile and there was no criminal antecedent. The High Court allowed the application and released the applicant on a personal bond with one surety.

What did the court decide?

Applicant to be released on bail on furnishing personal bond of Rs.25,000 with one surety in like amount, to appear before trial Court on every date.

Sushil Rana Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 924 of 2024

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Sushil Rana, S/o Late Nityanand Rana, Aged About 26 Years, R/o Khemda, P.S. Basna, District : Mahasamund, Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station Basna, District : Mahasamund, Chhattisgarh

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---- Respondent

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CAUSE TITLE TAKEN FROM CIS PERIPHERY

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---------------------------------------------------------------------------------------------------------For Applicant : Mr. Sudhir Kumar Sahu, Advocate For State : Mr. Kalpesh Ruparel, PL ---------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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10.06.2024

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1. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.457/2022 registered at Police Station Basna, District Mahasamund (C.G) for the offence under Sections 302 of the IPC.

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2. The earlier bail application of the applicant was dismissed as withdrawn vide order dated 02.08.2023 passed in MCRC No.3902/2023.

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3. Prosecution case, in brief, is that on the basis of a complaint made by complainant- Khirbai to the effect that some unknown person has committed murder of deceased Vishakha Bhoi, who

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was a beggar and used to sleep at night in the tea stall of the complainant, by strangulation with the help of a scarf ( Gamcha ). During the course of investigation, on the basis of memorandum, the applicant (son of the complainant) was arrested and the aforesaid offence was registered against him.

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4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that the applicant is in jail since 31.08.2022 and further, out of 15 witnesses, only 7 witnesses have been examined so far and they have not supported the case of the prosecution. He would further submit that there is no evidence to connect the applicant to the alleged crime, therefore considering all these aspects, he may be enlarged on bail.

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5. Per contra, learned counsel for the State opposes the bail application. However, he fairly submits that there is no criminal antecedents against the present applicant and except the memorandum, there is no other evidence available against him.

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6. Having considered the submissions of both the parties and particularly considering that both the witnesses of memorandum of seizure have turned hostile and not supported the case of the prosecution and also considering that the mother of the applicant, who has lodged the FIR, has also turned hostile and not supported the case of the prosecution and further considering that there is no previous criminal antecedent against him and the pre-trial detention of the

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applicant, I am inclined to release the applicant on bail.

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7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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8. Certified copy as per rules.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Sushil Rana v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sushil Rana v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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