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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Mohd. Tarik – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
1. Leave granted.
2. This appeal challenges the judgment and order dated 25.09.2024 passed by the High Court of Chhattisgarh at Bilaspur in MCRC No.6629 of 2024.
3. The appellant herein has been booked for the crime registered pursuant to FIR No. 447 of 2024 dated 16.05.2024 lodged with Police Station Civil Line, Bilaspur with respect to offences punishable under Sections 294, 323, 506 and 34 of the Indian Penal Code, 1860.
4. The first bail application seeking regular bail was preferred by the appellant herein before the High Court of Chattisgarh at Bilaspur in MCRC No. 5499 of 2024 and the same was dismissed vide order dated 02.08.2024. Thereafter, the second bail application (MCRC NO. 6629 of 2024) was filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”). Vide impugned order dated 25.09.2024, the High Court of Chattisgarh at Bilaspur rejected the said application. Hence, the instant appeal.
5. This Court vide its order dated 08.11.2024, issued notice in the instant matter.
6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.
7. Learned counsel for the appellan
The court established that a delay in trial and the number of witnesses can justify granting bail, emphasizing the need for conditions to ensure the appellant's presence.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
The principle of parity allows bail to co-accused similarly situated when one is granted bail, supported by the length of pre-trial incarceration.
Supreme Court granted regular bail in serious offence case involving alleged spontaneous scuffle, noting prolonged custody without trial commencement and rejecting High Court's one-year re-applicatio....
The court granted bail based on the acknowledgment that the charges were triable by a Magistrate.
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