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High Court Of ChhattisgarhMCRC/4907/2017allowed

Awadh Lal Singh v. State Of Chhattisgarh

2017-09-01Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No. 4907 of 2017 Awadh Lal Singh S/o Harihar Singh, aged about 26 years, Caste - Gond, R/o vill. Dhanpori, Tehsil Sidhi, District Sidhi (MP) ---- Applicant

Versus

State of Chhattisgarh through P.S. Bagicha, District Jashpur, Chhattisgarh ---- Respondent For Applicant :

Shri Akhand Pratap, Advocate For Respondent/State :

Smt. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 01/09/2017 This is the repeat bail application filed u/s 439 of Cr.P.C. for grant of bail to the applicant who has been arrested in connection with Crime No. 81/2017 registered at Police Station Bagicha, District Jashpur (CG) for the offence punishable under Sections 363 and 366 of IPC. 2.

The earlier bail application was dismissed as withdrawn with liberty to revive the same after filing of the charge sheet vide order dated 13.06.2017 in M.Cr.C. No. 3437 of 3017.

3.

Counsel for the applicant now while moving the repeat bail application has enclosed the copy of the depositions of all the material witnesses who have been examined till now. Contention of the counsel for the applicant is that all the material witnesses including the victim have not supported the case of the prosecution and turned hostile, therefore, the applicant may be released on bail.

4.

State counsel, on due verification of the record makes a statement

that the contention of the counsel for the applicant is true to the extent that most of the witnesses including the victim have not supported the case of the prosecution and turned hostile.

5.

Considering the aforesaid facts and circumstances of the case, this Court is of the opinion that prima facie a fit case for grant of bail is made out.

6.

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 in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Bhola