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2025 DAILYLAW 1120 (CHH)

AMAR SINGH v. STATE OF CHHATTISGARH

WPCR/9/2025 · 2025-01-17

Shri Radhakishan Agrawal, Shri Sanjay Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 9 of 2025 • Amar Singh, S/o Gangaram Nagvanshi, aged about 45 Years, R/o Village - Chhatvan, Likupali, Police Station, Rajadeori, District Baloda Bazar, Bhatapara Chhattisgarh. ... Petitioner versus 1. State of Chhattisgarh, Through the Secretary, Home Department, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. 2. Superintendent of Jail Raipur, District Raipur, Chhattisgarh. 3. Station House Officer Police Station, Rajadeori, District Baloda Bazar Bhatapara Chattisgarh. ... Respondents For Petitioner : Mr. Akhilesh Mishra, Advcocate. For Respondents : Mr. Sachchidanand Yadav, Panel Lawyer. Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Order on Board Per Radhakishan Agrawal, J. 17/01/2025 1. By way of this petition, the petitioner seeks issuance of a direction to respondent No.2- Jail Superintendent, Raipur to release him from jail on his furnishing a personal bond. A perusal of writ petition, it appears that vide judgment dated 05.08.2024 passed in CRA No.495/2020, this Court set-aside the conviction and sentence imposed upon the petitioner/accused and accordingly, he was acquitted of the charge under Section 302 of IPC and directed to be released forthwith if not required in any other case while directing the accused/petitioner to furnish a Digitally signed by AKHILESH BEOHAR Date: 2025.01.17 16:17:10 +0530 2 personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. 2. Along with petition, he filed an application (I.A. No.01/2025) seeking exemption to file affidavit on the ground that he is unable to provide a competent surety due to poor financial condition of his family and requested to release him on personal bond. 3. On due consideration and for the reasons mentioned therein, the said application (I.A. No.01/2025) is allowed and accused/petitioner is exempted to file affidavit. 4. Accordingly, it is ordered that accused/petitioner, who is in jail, be released forthwith if not required in any other case, on his furnishing a personal bond for a sum of Rs.25,000/- to the satisfaction of the trial Court. 5. In view of above, the present petition stands disposed of. 6. Let a certified copy of this order be transmitted to the concerned trial Court as well as concerned Jail Superintendent today itself for necessary information and action. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge Akhilesh 3