Sujit Khadiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1276 of 2020 • Sujit Khadiya S/o Shri Shrivats Khadiya Aged About 32 Years R/o Banktal, Police Station- Jamankira, District- Sambalpur, Orissa ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Police Station- City Kotwali, District- Bilaspur, Chhattisgarh ---- Non Applicant For the Applicant :

Shri Rishi Rahul Soni, Adv.

For Non Applicant :

Shri Devendra Pratap Singh, Dy.G. A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 06.03.2020

1. This is the second bail application filed under Section 439 of the Cr.P.C., 1973 for grant of regular bail to the application who has been arrested in connection with Crime No.542/2018 registered at Police Station- City Kotwali, District- Bilaspur (C. G.) for the offence punishable under Sections 420, 468, 120(B)/ 34 of Indian Penal Code, 1860.

2. Ground raised by the applicant in this repeat bail application is that the applicant is suffering from heart disease and he is continuing his treatment in jail, even then his weight is getting reduced therefore in case he is granted bail, he will be able to get a proper treatment and regain his health. The applicant is not the main accused in this case, he is in jail since 30.12.2018, trial is still continued therefore he may be granted the bail.

3. State counsel opposed the bail and submissions made in the application and submits that for the reason that the applicant is resident of Odisha therefore if he is released he may not be available for trial, further his application was earlier rejected on merits hence the applicant is not entitled for grant of bail.

4. Heard both the parties and perused the case diary.

5. Perused the documents which are medical reports of the applicant in jail which discloses that the applicant is suffering from heart disease. Therefore, only on ground of humanity and for giving an opportunity for better treatment I feel enclined to grant bail.

6. Therefore the bail application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his apperance as and when directed.

7. As prayed by the counsel for the applicant the certified copy of the documents obtained under RTI be returned after receiving the attested copy of the same.

Sd/- (Rajendra Chandra Singh Samant) Judge Parul