High CourtsSingle Bench

MAHADEV vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 5 March 2018 · Citation: (2018) 03 CHH CK 0096

HON’BLE JUDGES
P. SAM KOSHY
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 379
RESULT
Disposed Of
CASE NUMBER
MISC. CRIMINAL CASE NO. 1495 OF 2018

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Judgment

10 paragraphs · 238 words
1.

This is repeat bail application seeking for grant of bail to the Applicant who is in jail since 25.07.2017 in connection with Crime No. 188 of 2017

registered at Police Station Sakti, Distt. Janjgir Champa for the offence punishable under Section 379 IPC. The earlier bail application was dismissed

as withdrawn on 24.11.2017 with liberty to revive the same after the material prosecution witnesses are examined.

2.

The appellant has enclosed along with the present application, the statements of the material witnesses examined on behalf of the prosecution. A

perusal of same would show that most of the material prosecution witnesses have turned hostile and have not supported the case of the prosecution.

3.

After verification, this aspect is also not disputed by the counsel for the State.

4.

Given the aforesaid factual matrix of the case and also taking note of the fact that most of the prosecution witnesses have turned hostile and have

not supported the case of the prosecution, 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.