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Satyendra Kumar Sarthi @ Chotu vs State Of Chhattisgarh Through

Chhattisgarh High Court · Decided on 2 January 2020 · Citation: (2020) 01 CHH CK 0005

HON’BLE JUDGES
Rajendra Chandra Singh Samant, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 8032 Of 2019
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Judgment

8 paragraphs · 335 words
1.

Heard.

2.

This is the fifth application for grant of regular bail to the applicant.

3.

The first application, MCRC No.4657/2017, was dismissed as withdrawn with a direction for expediting the trial of the case. The second application, MCRC No.4819/2017, was again dismissed as withdrawn on the same date i.e. 01.09.2017. The third application, MCRC No.1702/2018, was again dismissed as withdrawn on 08.05.2018. The fourth application was filed by the applicant on medical ground and the same was also withdrawn on 25.02.2019. It is submitted that not a single earlier application of this applicant has been decided on merits.

4.

The applicant is in jail since 20.03.2017. He has no criminal antecedent and the trial against him is getting delayed. So far out of 21 witnesses listed in the charge-sheet only 11 have been examined, therefore, it is prayed by learned counsel for the applicant that this application should be allowed.

5.

Learned counsel for the State submitted that there is evidence present against the applicant regarding his involvement in commission of crime, therefore, he is not entitled for grant of bail.

6.

According to the prosecution case on the date of incident this applicant along with co accused persons forcibly abducted the complainant and then by taking him to a place, the complainant was thrashed and his possessions i.e. cash and other things were looted from him.

7.

Considering that this applicant has not any criminal antecedent and further considering that he has undergone detention for a period about 2 years and 10 months and the trial against him is still pending, therefore, for these reasons I feel inclined to allow this application.

8.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each an every date given by the said Court.