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High Court Of ChhattisgarhMCRC/3933/2016allowed

Rajnish Ojha @ Raja v. State Of Chhattisgarh

2016-07-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3933 of 2016 Rajnish Ojha @ Raja S/o Late Ishwardeen Ojha, Aged About 37 Years, R/o Near Sarjoo Bagicha, Masanganj, Bilaspur, Police Station - Civil Lines Bilaspur, Civil And Rev. Distt. Bilaspur Chhattisgarh (In Annex. A-1 Raja @ Rajnish Is Wrongly Mentioned). ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Bilaspur, Civil And Rev. District Bilaspur Chhattisgarh. ---- Respondent For applicant - Shri Devesh G. Kela, Advocate. For Respondent/State - Shri Neeraj Sharma, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 29/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.404/2005 registered in Police Station Civil Line Bilaspur, Civil & Revenue District-Bilaspur (C.G.) for offence punishable under sections 419, 420, 468 of Indian Penal Code. 2.

This is a case of bail jump. The applicant was initially released on bail on 16/01/2006. Subsequently, he remained absent in the year 2007 up till 2011 and he was taken into custody on 12/01/2011 and he was released on bail on 23/08/2012. Subsequently, he remained again absent on 16/04/2014 and was arrested on 19/05/2016. 3.

Learned counsel for the applicant submits that the applicant was earlier absent since he was arrested in other crime and as such he could not enter his appearance, therefore non-appearance is not deliberate, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the fact that applicant is in jail since 19/05/2016 and he

was initially enlarged on bail on 16/01/2006 and also considering the jail period of the applicant, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri