Avinash @ Dhannu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 644 of 2016 • Avinash @ Dhannu S/o Mohan Lal Kosle, Aged About 21 Years, R/o Kota Road Vikash Nagar, Gudhiyari, Police Station Gudhiyari, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through It's Police Station Gudhiyari Raipur, District Raipur, Chhattisgarh.

---- Respondent 27/01/2016 Shri B.L. Sahu, counsel for the applicant.

Shri R.K. Mishra, Dy. A.G. for the State.

Heard.

This is third bail application under Section 439 of Cr.P.C. The first bail petition was dismissed on merit on 17/11/2015 and the second bail petition was dismissed for want of prosecution on 14/01/2016.

Learned counsel for the applicant submits that only the allegation against this applicant is that he assaulted by way of fist, therefore, he may be granted bail.

In the earlier bail order dated 17/11/2015 about the role played by the present applicant along with co-accused has been discussed, therefore the bail petition was rejected. When it was specifically asked to the learned counsel for the applicant whether there is any change of circumstance, the counsel is unable to point out any change of circumstance. Considering the fact that prima facie no change of circumstance appears to have been existing, I am not inclined to allow this application.

Accordingly, the bail application filed under Section 439 of CrPC is dismissed.

Sd/- (Goutam Bhaduri) Judge Kamde