Dayanand @ Devanand v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Dayanand @ Devanand, S/o Premlal Satnami, aged about 22 years, R/o village Margaon, Police Station Dongargaon, District Rajnandgaon (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, through: Station House Officer, Police Station - Dongargaon, District Rajnandgaon (C.G.) ---- Non-applicant For Applicant:

Shri Abhishek Sharma, Advocate.

For Non-Applicant Shri D.R. Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 2 /201 Heard.

(1) The accused/applicant has preferred this second bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.313/2014 registered at Police Station Dongargaon, District Rajnandgaon for the offences punishable under Sections 363 & 376 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offence Act.

(2) This Court has granted bail to the applicant by order dated 26.11.2014 passed in M.Cr.C. No.6064/2014, thereafter he regularly appeared before the concerned trial Court except on 08.02.2016, for which non-bailable warrant of arrest was issued and his application of cancellation of warrant of arrest has been rejected and he has been taken into custody.

(3) Counsel for the applicant submits that applicant's absence before the trial Court on 8.2.2016 was unintentional and bonafide on account of his illness.

(4) After hearing learned counsel for the applicant, I am satisfied that the applicant has able to show sufficient cause for non-appearance before the trial Court on 8.2.2016. Accordingly, the bail application is allowed.

(5) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge

D/-