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High Court Of ChhattisgarhMCRC/6073/2018allowed

Sunil Kurre v. State Of Chhattisgarh

2018-08-20Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 6073 OF 2018 Sunil Kurre S/o Punnilal Kurre, aged about 27 years, R/o village Sakri, District Bilaspur (CG).

... Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Outpost, Sakri, Police Station Chakarbhata, District Bilaspur (CG). ... Respondent For Applicant :

Shri Sanjay Pathak, Advocate.

For Respondent-State :

Shri Dhiraj K Wankhede, GA.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/08/2018 1.

This is repeat bail application seeking for grant of bail to the Applicant who is in jail since 19.03.2018 in connection with Crime No.571 of 2017 registered at Police Station Outpost Sakri, Chakarbhata, Distt. Bilaspur for the offence punishable under Sections 147,148,294,323,506,307 IPC and Sections 25 and 27 of Arms Act. The first bail application stood dismissed as withdrawn on 25.06.2018 with liberty to revive after material witnesses are examined.

2.

The counsel for the appellant has now filed the statement of witnesses examined and prays for grant of bail as the witnesses examined, particularly the injured witnesses, have not supported the case of the prosecution and have turned hostile.

3. This submission of the applicant is not disputed by the State counsel on perusal of case diary and statement of witnesses.

-24.

Without commenting on merits, considering the totality of the facts and circumstances of the case particularly taking note of the fact that most of the witnesses examined particularly the injured witnesses have not supported the case of the prosecution and have turned hostile, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.

5.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) Judge inder