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HIGH COURT OF CHHATTISGARH, BILASPUR
Prashant Kumar Mishra, J.
BABUKHAN - Applicant
Vs.
STATE OF C.G. - Non-applicant
M.Cr.C. No. 2327 of 2011
Decided on: 10-8-2011
Bail - Similarity of Allegations - Release of Co-accused - The court allowed the bail application based on the similarity of allegations against the applicant and a previously released co-accused.
Fact of the Case:
The applicant filed a second bail application after the earlier one was rejected. The applicant cited the release of a similarly placed co-accused and argued for bail based on the similarity of allegations.
Finding of the Court:
The court allowed the bail application and directed the applicant to be released on bail upon executing a personal bond and providing local sureties.
Issues: The main issue was the grant of bail to the applicant based on the similarity of allegations with a released co-accused.
Ratio Decidendi: The court considered the similarity of allegations against the applicant and a previously released co-accused as a basis for granting bail.
Final Decision: The court granted bail to the applicant upon fulfilling the specified conditions.
1. This is the 2nd bail application on behalf of the applicant. The earlier bail application has been rejected by the Court vide order dated 4-12-2010 passed in M.Cr.C. No.3266 of 2010.
2. Learned counsel for the applicant submitted that similarly placed co-accused Mohmmad Sammer has already been released on bail by this Court vide order dated 29-7-2011 passed in M.Cr.C. No.2033/2011 and the allegation against the present applicant is similar as that of the released co-accused person.
3. The above fact is not disputed by learned counsel for the State.
4. In the circumstances, 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.50,000/- with 2 local sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
Bail Granted.
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