Karan Takri vs State Of Chhattisgarh

At the outset, learned counsel for the applicant submits that earlier, the one bail application has been dismissed on merit by the co-ordinate Bench of this Court and one bail application has been withdrawn.

The applicant has now preferred this Third Bail Application under Section 439 of Code of Criminal Procedure, 1973 in connection with Crime No. 456 of 2021, registered at Police Station Kotwali, District Rajnandgaon (C.G.) for the offences punishable under Sections 364, 294, 324, 506, 342, 147 and 148 of the Indian Penal Code.

As per the case of the prosecution, the applicant with the intention had abducted the complainant due to previous animosity over the money and had beaten him by lathis and knife, as a result of which the complainant sustained injuries.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the statement of complainant is not credible, the applicant is in jail since 06.08.2021 and conclusion of the trial is likely to take some time. He would further submit that the case of the present accused person is similar to that of other co-accused persons who have already been granted bail by this court by order dated 17/2/2023 passed in M.Cr.C. No. 243 of 2023 and order dated 27.03.2023 in MCRC Nos. 1840 of 2023, 1853 of 2023 and 1893 of 2023, and therefore, the present applicant may be released on bail on the ground of parity.

On the other hand, learned counsel for the State though opposes the bail application but has not denied the fact that similarly situated co-accused persons have been released on bail.

I have heard the learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case particularly the fact that even after lapse of 1 and 6 months, neither the prosecution witnesses have been examined nor they appeared before the trial court as the summons were returned unserved and also the fact that the applicant is in jail since 06.08.2021 i.e., more than 1 year and seven months and also further considering the fact that other co-accused persons have already been released on bail by this court, trial is likely to take some time in its conclusion, without commenting anything on the merits of the case, this Court is of the view that this is the fit case to release the applicant on regular bail.

Accordingly, the bail application is allowed. The applicant is directed to be released on bail on executing a personal bond for a sum of Rs.25,000/- with two solvent sureties for the like sum to the satisfaction of the trial Court . The applicant shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial.

It is made clear that the applicant shall not involve himself in any offence of similar nature in future, otherwise, bail granted to them shall be liable to be cancelled without further reference to the Bench.

It is directed that the trial court shall make an endeavour to conclude trial within out limit of one year and six months from the date of receipt of a copy of this order.

Certified copy as per rules.