High Court Of ChhattisgarhMCRCA/90/2020rejected

Sonu @ Ajit Yadav v. State Of Chhattisgarh

2020-01-17Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 90 of 2020 Sonu @ Ajit Yadav S/o Bhuvneshwar @ Muneshwar @ Puran Prasad Yadav Aged About 30 Years R/o Malgawan Khurd, Police Station Ambikapur District Surguja Chhattigarh, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through The Station House Officer, P. S. Ambikapur District Surguja Chhattigarh, District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For Petitioner :

Mr. A. K. Shukla, Advocate For State :

Mr. Ashutosh Mishra, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 17/01/2020

1. Present is a second bail application for grant of anticipatory bail under Section 438 of the Cr.P.C.

2. The petitioner is apprehending his arrest in connection with Crime Number 675/2016 registered at Police Station Ambikapur, District Surguja. The petitioner has charged for the offence punishable under Section 365, 376(D) and 506 of IPC and Section 3(2-5) of the SC, ST(Prevention of Atrocities) Act, 1989.

3. Perusal of record would show that this Court had at the first instance itself rejected the application for anticipatory bail of the petitioner by a detailed order dated 28.03.2018 in MCRCA 86/2018.

4. The reasons for rejection was that the petitioner was an absconder all along and the Trial Court proceeded in respect of other coaccused persons. Though, this Court had rejected the anticipatory

bail application as early as on 28.03.2018. There does not seem to be any steps taken by the petitioner to surrender himself before concerned Trial Court all along or before the concerned police authorities. Now after a period of about two years, the petitioner has now approached this Court for anticipatory bail again.

5. Given the nature of allegations and statement of the prosecutrix made against the petitioner which stands reflected in the earlier rejection order dated 28.03.2018, this Court at this juncture is not inclined to entertain the application of the petitioner.

6. Under the circumstances, the application stands rejected. However, in the event if the petitioner surrenders himself before the concerned Court or moves an application for regular bail the concerned Court is expected of deciding the same expeditiously.

Sd/- (P. Sam Koshy) Judge Rohit