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Chhattisgarh High Court · body

2013 DIGILAW 304 (CHH)

SANTOSH SAHU v. STATE OF C. G.

2013-10-23

T.P.SHARMA

body2013
ORDER 1. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No. 190/2004 (ST.No.14/20l3 pending before the ASJ, Bhatapara), registered at Police Station-Simga, Distt. Baloda Bazaar-Bhatapara, for the offence punishable under Sections 302, 147, 148, 294, 323, 506B and 449 of the IPC. 2. I have heard learned counsel for the parties and perused the case diary. 3. Learned counsel for the applicant submits that this is First Bail application filed on behalf of the applicant for grant of regular bail. No other application of the nature is pending or decided by this Court or by the Apex Court. The application is suppol1ed by an affidavit of Madan Sahu, son of the applicant. 4. Learned counsel for the applicant further submits that the applicant has not committed any offence and he has been falsely implicated in crime in question, he is in custody since 25.3.2013. As per case of the prosecution, the applicant was absconding. Twelve persons have been tried and finally acquitted from substantive charges in Criminal Appeal No.485 of 2008 vide judgment dated 23.11.2011 by this Court. Learned counsel also submits that the applicant is ready and willing to furnish the bail bonds and abide the conditions imposed upon him. 5. On the other hand, learned Government Advocate for the State opposes the bail application and submits that the present applicant has absconded. 6. Considering the material collected on behalf of the prosecution, the period of detention of the applicant and final judgment relating to twelve persons, I am of the view that present is a fit case to admit the applicant on bail. Accordingly, bail application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. He shall appear before the said Court as and when directed by the said Court. 7. Accordingly, bail application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. He shall appear before the said Court as and when directed by the said Court. 7. At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application has been decided previously by the High Court or the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled, The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court. Bail Granted.