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2025 DAILYLAW 45602 (CHH)

JAMIL KHAN v. STATE OF CHHATTISGARH

MCRC/8804/2024 · 2025-01-07

Shri Sachin Singh Rajput

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Judgment text

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1 2025:CGHC:945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8804 of 2024 1 - Jamil Khan S/o Jalil Khan Aged About 30 Years R/o Chantapara, Behind Main Post Office, Presently Residing At Shailendra Apartment, 3rd Floor, Jarhabhata, Police Station Civil Line, Tahsil And District- Bilaspur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Sho, Police Station Civil Line District- Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Raj Kumar Gupta, Advocate For State/Respondent(s) : Mr. Kishan Lal Sahu, Dy. GA Hon’ble Shri Justice Sachin Singh Rajput Order on Board 07/01/2025 The applicant has preferred this Second bail application under Section 483 of B.N.S.S. for grant of regular bail as he is in custody in connection with crime No. 958/2022 registered in Police Station Civil Line District Bilaspur, CG for offence punishable under Sections 394, 323, 397 of IPC. The first bail application was dismissed on merits vide order dated 12.07.2024 passed in MCRC No. 4185 of 2024 with liberty to revive the prayer if trial could not conclude within four months therefrom. 2 2. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that there are total 8 witnesses projected in the charge-sheet and only 3 witnesses have been examined. He submits that there is no fault on the part of the applicant for causing the delay and trial. Therefore, he further submits that the applicant is in jail since 14.11.2023 and trial is likely to take sometime, therefore, he may be enlarged on bail. 3. Learned counsel for the State opposes the submission. 4. I have heard learned counsel for the parties and perused the case diary. 5. Order sheet of the trial Court appended with the application reflects that the case is adjourned from time to time to call for the death report (fauti report) of Keshav Singh (Victim). The State has placed on record a report dated 03.01.2025 submitted by the S.H.O. of Police Station Civil Line Bilaspur indicating that Keshav Singh (Victim) is alive and resides in his home. 6. Considering the facts and circumstances of the case, particularly looking to the detention period; trial may take some time for conclusion, without commenting anything on the merits of the case, I am inclined to enlarge the applicant on bail. 7. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the condition that :- (i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any 3 police ofÏcer; (ii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; (iii) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial; (iv) that applicant will not involve himself in any offence of similar nature. (V) that the applicant shall appear before the concerned police station Civil Line, Bilaspur on first Monday of each month till disposal of the trial. 8. It is made clear that the observations made here-in-above are only for the purpose of deciding the bail application and the trial court will decide the case on its own merit without being influenced by any observation made here-in-above. If any one of the above conditions is violated by applicant, the State will be at liberty to file application for cancellation of the bail granted to him. Sd/- (Sachin Singh Rajput) JUDGE Pawan