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                                    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.

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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.

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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

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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.

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