High CourtsSingle Bench(2019) 10 CHH CK 0106

Pradeep Das And Ors vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 October 2019

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 6721 Of 2019

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Judgment

16 paragraphs · 291 words

P. Sam Koshy, J

1.

This is fourth bail application seeking for grant of bail to the Applicants who are in jail since 06.12.2017 in connection with Crime No.449 of 2017

registered at Police Station Thana Kotwali, Jagdalpur, for the offence punishable under Sections 419,420,467,468,471 and 120-B IPC. The earlier

three bail applications stood rejected on 28.06.2018 in MCRC No.3503 of 2018, on 04.10.2018 in MCRC No.7577 of 2018 and on 18.06.2019 in

MCRC No.3551 of 2019.

2.

When the third bail application was rejected on 18.06.2019, this court had permitted the applicants to revive their bail application in case if the

evidence of complainant is not recorded before the trial court within a period of three months.

3.

The counsel for the applicants in this fourth bail application have enclosed the complete order sheets subsequently passed, perusal of which it

appears that the complainant till date has not been examined inspite of repeated summons being issued to the complainant. Prima facie it appears to be

deliberate avoiding appearance by the complainant before the trial court for recording of evidence.

4.

Under the circumstances, taking into consideration the fact that the applicants are in jail since 06.12.2017 i.e. they have already remained in custody

for 22 months and that the evidence has till date not been concluded, this court is of the opinion that a strong case is made out by the applicants for

grant of bail.

5.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicants shall be released on bail on their furnishing personal bond

for a sum of Rs.50,000/- each with two sureties of the like sum to the satisfaction of the concerned Trial Court for their appearance as and when

directed.