AJIT SINGH Vs. STATE OF CHHATTISGARH

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 805 of 2017, Judgment Date: Apr 28, 2017

                                                            NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURSIDCITON
                      CRIMINAL APPEAL NO. 805  OF 2017
               (Arising out of S.L.P. (Crl.) No.1625 of 2017)




AJIT SINGH                                                       …APPELLANT

                                   VERSUS

STATE OF CHHATTISGARH                                           …RESPONDENT




                                O  R  D  E  R



S.ABDUL NAZEER, J.

1     Leave granted.
2      In  this  case,  the  appellant  has  challenged  the  legality   and
correctness of the order  passed  by  the  High  Court  of  Chhattisgarh  at
Bilaspur in MCRC No.88 of 2017, whereby the bail application  filed  by  the
appellant under Section 439 of the  Code  of  Criminal  Procedure  has  been
rejected.
3     The appellant was arrested on 28th September, 2016 in connection  with
Crime No. 865 of 2016, registered at Police Station  Supela,  District  Durg
(CG) Chhattisgarh for the offence punishable under Sections 366,  376(2)(g),
120-B, 506 of the IPC and Section 3(2)(v) of Scheduled Castes and  Scheduled
Tribes (Prevention of Atrocities) Act.
4     The contention of the learned senior  counsel  for  the  appellant  is
that the complaint against the appellant is motivated one, with  an  aim  to
extort money and his property.  He has been falsely implicated in the  case.
 The appellant has been in custody for the past six and half months.  He  is
ready to abide by any of the conditions which may be imposed by  this  Court
for enlarging him on bail.  He is ready to stay in Patna, till the  disposal
of the case.   On  the  other  hand,  learned  advocate  appearing  for  the
respondent has sought to justify the impugned order.
5     After investigation, final report under Section  173  of  the  Cr.P.C.
has been filed  against  the  appellant  and  four  other  persons  on  19th
October, 2016.  The case against the appellant is almost similar to that  of
other co-accused who have been enlarged on bail.  The accused  has  been  in
custody for the past six and half  months.   No  criminal  antecedents  have
been reported against the appellant.  We are of the view  that  it  is  just
and proper to enlarge  the  appellant  on  bail  subject  to  the  following
conditions:
1     The appellant shall not stay in the State of Chhattisgarh  during  the
pendency of the case.  He shall  stay  in  Patna  during  the  said  period.
However, he is permitted to come to the State of Chhattisgarh for  attending
the aforesaid case.  He shall personally appear before the  trial  court  on
all the dates of hearing except under unavoidable circumstances.
2     Soon after release, he shall appear before the  Senior  Superintendent
of Police, Patna, and notify his address at Patna to  the  SSP,  Patna.  The
SSP, Patna, shall intimate him the jurisdictional  Police  Station  for  his
attendance once in a week on every Sunday between 9.00 a.m. to 5.00 p.m.
3     The appellant shall not tamper with the evidence during the  trial  in
any  manner.   He  shall  not  pressurize  or  intimidate  the   prosecution
witnesses.   The appellant shall execute a personal bond of Rupees one  lakh
with two sureties for the like sum to the satisfaction of the  trial  court.


6     The appeal is allowed accordingly.



                                                             …………………………………J.
                                                           (J. CHELAMESWAR)



                                                            …………………………………J.
                                                          (S. ABDUL NAZEER)
New Delhi;
April 28, 2017.