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High Court Of ChhattisgarhMCRCA/705/2016dismissed

Alok Kumar Bhadra v. State Of Chhattisgarh

2016-08-10Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 705 of 2016 Alok Kumar Bhadra, S/o Late Shri Sudhir Kumar Bhadra, Aged About 73 Years, R/o 62 Sector 2, Devendra Nagar, Civil & Revenue District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Gole Bazar, Civil & Revenue District Raipur, Chhattisgarh.

---- Respondent ________________________________________________________ For applicant -Shri J.K. Gupta, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 10/08/2016 1.

This is second bail application under Section 438 of Cr.P.C. The earlier bail application was dismissed on merits on 18/11/2015. 2.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No. 108/2015 registered at Police Station Gole Bazar, Raipur, Distt. Raipur (C.G.) for offence punishable under Section 420/34 of Indian Penal Code. 3.

Learned counsel for the applicant submits that applicant is suffering from heart disease and he relied on certain documents filed alongwith the petition and would submit that under the circumstances, applicant being 73 years of age , therefore he may be granted benefit of anticipatory bail. 4.

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

Perused the medical documents. These are of the year 2011 and the document dated 29/04/2016 which is placed on record do not show the fact that lower part of the body of the applicant is paralysed. Therefore, in this case there is no change of circumstances appears to exist to reconsider the bail application and I am not inclined to extend benefit of anticipatory bail to

the applicant.

6.

Accordingly, the anticipatory bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri