Chattisgarh High Court
Satyendra Kumar Sarthi @ Chotu vs State Of Chhattisgarh 28 Wpl/7689/2010 ... on 2 January, 2020
Author: Rajendra Chandra Singh Samant
Bench: Rajendra Chandra Singh Samant
1
MCRC No. 8032 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8032 of 2019
Satyendra Kumar Sarthi @ Chotu S/o Shiv Prasad Aged
About 21 Years R/o Village Belbhata Gidha, Police Station
and Tahsil Kharsia, District Raigarh Chhattisgarh.
---- Petitioner
Versus
State of Chhattisgarh Through Station House Officer,
Dabhra, District Janjgir Champa Chhattisgarh.
---- Respondent
For Applicant :- Mr. Ajay Ayachi, Advocate For Respondent-State :- Mr. Sudeep Verma, Dy. G.A. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/01/2020
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 The first application, MCRC No.4657/2017, was dismissed as withdrawn with a direction for expediting the trial of the case. The second application, MCRC No.4819/2017, was again dismissed as withdrawn on the same date i.e. 2 MCRC No. 8032 of 2019 01.09.2017. The third application, MCRC No.1702/2018, was again dismissed as withdrawn on 08.05.2018. The fourth application was filed by the applicant on medical ground and the same was also withdrawn on 25.02.2019.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 3 MCRC No. 8032 of 2019 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.
Sd/-
(Rajendra Chandra Singh Samant) Judge Ankit