Raju Sahu @ Rajendra Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No. 4673 of 2018

1. Raju Sahu @ Rajendra Sahu S/o Palturam Sahu, Aged About 33 Years, R/o Village Bharratola, Thana Gada Sarai, District Dindori, M. P.

2. Chhote Lal Yadav S/o Charnu Yadav, Aged About 45 Years, R/o Village Bamhni, Thana Rajendra Gram, District Anuppur, M P. ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Station Katghora, District Korba, Chhattisgarh ---- Respondent For Applicants :

Shri Vikash Pandey, Advocate For Respondent/State :

Shri Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 04/07/201 This is the repeat bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicants who are in jail in connection with Crime No. 207/2016 registered at Police Station- Katghora, Korba (CG) for the offence punishable under Sections 457, 380 read with 34 of IPC. 2.

The earlier bail application was rejected vide order dated 12.03.2018 in MCRC No. 407/2018.

3.

Contention of the counsel for the applicants is that the applicants are in jail since 18.11.2017 and the repeat bail application has been filed only on the ground of duration of custody period that the applicants have undergone. He submits that the applicants have already remained in custody for more than 7 months and the trial is proceeding in a slow pace

in as much as only 2-3 prosecution witnesses have been examined and the same may take considerable time for its conclusion, therefore, the applicants may be released on bail.

4.

State counsel, however, opposing the bail application submits that the bail application of the applicants have already been rejected on 12.03.2018 and there is no subsequent development that has arisen for releasing the applicants on bail.

5.

Having heard the contentions put forth on either side and taking into consideration the period of custody undergone and the nature of offence committed by the applicants and also considering the slow pace at which the trial is going on, this Court is of the opinion that prima facie a strong case for grant of bail has been made out. 6.

Accordingly, the application for grant of bail is allowed. It is directed that the present Applicants will be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Bhola