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Chhattisgarh High Court Grants Bail in Monetary Dispute Over Alcohol: “Simple Injuries, Lack of Criminal Record, and Prolonged Trial Key Factors”

Chhattisgarh High Court Grants Bail in Monetary Dispute Over Alcohol: "Simple Injuries, Lack of Criminal Record, and Prolonged Trial Key Factors"

Chhattisgarh High Court Grants Bail in Monetary Dispute Over Alcohol: "Simple Injuries, Lack of Criminal Record, and Prolonged Trial Key Factors"

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Court’s Decision:

The Chhattisgarh High Court granted regular bail to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant faced charges under Sections 296 (voluntarily causing hurt), 351(2) (use of criminal force), 115(2) (abetment of crime), and 119(1) (offense against property) of the Bharatiya Nyaya Sanhita, 2023. The court considered:

The court imposed strict conditions on the bail to ensure the applicant’s cooperation during trial proceedings.


Facts:


Issues:

  1. Should bail be granted given the allegations of assault during a monetary dispute?
  2. Do the simple nature of injuries and the absence of previous criminal conduct justify the applicant’s release on bail?

Petitioner’s Arguments:


Respondent’s Arguments:


Analysis of the Law:


Precedent Analysis:

While no specific prior cases were cited in the judgment, the court relied on established principles of law regarding bail, including the presumption of innocence and the proportionality of detention to the severity of the crime.


Court’s Reasoning:


Conclusion:

The High Court granted bail to the applicant, subject to the following conditions:

  1. No Adjournments: The applicant must not seek adjournments when witnesses are present in court. Any such action could be treated as an abuse of bail.
  2. Mandatory Attendance: The applicant must be present at all trial dates, either personally or through counsel. Unexcused absence would invite proceedings under Section 269 of the Bharatiya Nyaya Sanhita.
  3. Compliance with Summons: The applicant must respond to any proclamations issued under Section 84 of the Bharatiya Nyaya Sanhita. Failure to do so would lead to further legal action under Section 209.
  4. Key Hearings Attendance: The applicant must appear in person for specific stages of the trial,

Implications:

This decision underscores the court’s balanced approach in granting bail based on the severity of allegations, the applicant’s background, and the nature of the injuries. It also reiterates the court’s commitment to ensuring trial proceedings are not delayed while upholding the applicant’s liberty under specified conditions.

Also Read – Supreme Court Acquits Accused in Passport Fraud Case, Concludes Evidence Did Not Meet the Standard Required for Conviction

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