Komal Sahu @ Monu v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1110 of 2020 • Komal Sahu @ Monu, S/o Narad Sahu, Aged About 23 Years, R/o Ward No. 18, Bazar Chowk, Nandkatthi, Police Station Nandini Nagar, District-Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The District Magistrate, Durg, DistrictDurg Chhattisgarh. ---- Respondent __________________________________________________________ For Applicant :

Ms. Swati Verma, Advocate.

For Respondent :

Mr. Adil Minhaj, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/02/2020

1. Heard.

2. This is second bail application on behalf of the applicant under Section 439 of CrPC for grant of regular bail. His earlier bail application bearing MCRC No.5990/2017 was allowed by this Court vide order dated 8.1.2018 and the applicant was released on bail.

3. As the applicant was unable to give appearance before the trial Court, therefore, he has been arrested and placed in detention on 14.1.2020. The applicant had given all the reasons why he could not give appearance before the trial Court but the same were not considered. The applicant is ready to abide by all the conditions imposed upon him.

4. Learned counsel for State opposes the application and submissions made in this respect. It is submitted that as the applicant has already disobeyed the mandate of this Court by not appearing before the trial

Page No.2 Court as ordered, therefore, he is not entitled for grant of bail.

5. I have heard the learned counsel for the parties and perused the documents placed on record.

6. As there is already an order of this Court existing by which applicant has been granted bail and that order has not been canceled, therefore, if the applicant present himself to furnish bail bond accordingly then he cannot be refused for the same. Hence, this application is allowed and it is ordered that on applicant's furnishing bail bond, as mentioned in the order dated 8.1.2018, he shall be released on bail. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha