Yakub @ Hemant Das vs State Of Chhattisgarh
2025 Latest Caselaw 11 Chatt

Chattisgarh High Court

Yakub @ Hemant Das vs State Of Chhattisgarh on 1 April, 2025

                                                                                        NAFR

          Digitally
          signed by


                            HIGH COURT OF CHHATTISGARH AT BILASPUR
          SOURABH
SOURABH   PATEL
PATEL     Date:
          2025.04.03
          11:43:55
          +0530




                                             CRA No. 1632 of 2019


                       • Santosh Kumar Soni S/o Late Ramdev Soni Aged About 34 Years
                          R/o Mulajimpara, Sitapur, Police Station- Sitapur, District- Surguja,
                          Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
                                                                                 --- Appellant
                                                       versus
                       • State Of Chhattisgarh Through- Police Station- Sitapur, District-
                          Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh
                                                                               --- Respondent

• Yakub @ Hemant Das S/o Arun Das Aged About 31 Years R/o Village Pratapgarh Sadakpara, Police Station Sitapur District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh

---Appellant Versus • State Of Chhattisgarh Through Station House Officer, Police Station Sitapur, District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh.

--- Respondent Order on Board 01/04/2025

Mr. Shakti Raj Sinha, Advocate for the Appellant. Mr. Arvind Dubey, G.A. for the State/Respondent. The appellant was granted bail by order of this Court dated 14.12.2020 with the condition to execute a personal bond of Rs.25,000/- with two local sureties in the like amount to the satisfaction of the trial Court, for his appearance before the concerned trial Court on 28.01.2021 and 25.04.2022 and all such further dates as may be directed during the pendency of this appeal, but till date he has not been released on bail.

Learned counsel for the appellant submits that the appellant is a poor man and is unable to comply with the conditions stipulated by this Court in order dated 14.12.2020 while granting bail to him and, therefore, he could not be released on bail. He relied on the order dated 29.03.2022 passed in CRA No.1239 of 2019 (Pardeshi @ Ratiram @ Raturam and others vs. State of Chhattisgarh) wherein this Court relying on the judgments of Supreme Court in the cases of Moti Ram and others vs. State of M.P. reported in (1978) 4 SCC 47 and Hussainara Khatoon and others (I) vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 81 directed the appellants therein to be released on bail on executing only personal bond of Rs.25,000/- for the like amount to the satisfaction of the trial Court and exempted other conditions stipulated earlier while granting bail to the appellants therein. Hence, praying similar direction modification in the order dated 14.12.2020 is prayed for.

Learned State counsel submits that appropriate order in this regard may be passed. He further submits that the issue of enlarging accused/convict on his executing only personal bond has been elaborately dealt with by this Court in the case of Bhawan Singh and others vs. State of Chhattisgarh (CRA No.1607 of 2015), order dated 11.05.2022, wherein this Court after considering the principle of law laid down by the Supreme Court in the cases of Moti Ram (supra) and Hussainara Khatoon (supra) in great detail coupled with other provisions of law directed the appellants therein to be released on their executing only personal bond, which direction can also be issued in the present case.

Having hearing the learned counsels of the parties and taking into consideration the facts and circumstances of the case, specially considering the fact that the appellant being poor man is unable to comply with the conditions stipulated by this Court in order dated 14.12.2020 while granting bail to him and in view of decisions of the Supreme Court in the matters of Moti Ram (supra) and Hussainara Khatoon (supra) as well as the order of this Court passed in the case of Bhawan Singh (supra), we deem it appropriate to direct that the appellant- Yakub @ Hemant Das be released on bail on his executing only a personal bond of Rs.5,000/- (Rupees Five Thousand Only) and shall appear before the Registry of this Court on 03rd of November, 2025. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, interval being not less than 6 months, till the disposal of this appeal.

Accordingly, order dated 14.12.2020 is modified to the extent indicated above in so far it relates to appellant- Yakub @ Hemant Das only.

A copy of this order be communicated to the concerned jail authorities.

C.C. as per rules.

List this matter for final hearing.

Mr. Kabir Kalwani, Advocate on behalf of Mr. Manoj Paranjpe, Advocate for the Appellant.

Mr. Arvind Dubey, G.A. for the State/Respondent.

List this matter along with CRA No. 1794/2019.

                           Sd/-                           Sd/-
               (Sanjay K. Agrawal)               (Sanjay Kumar Jaiswal)
                      Judge                              Judge
Sourabh P.