High Court Of ChhattisgarhMCRC/3346/2015disposed off

Shankar Yadav v. State Of Chhattisgarh

2015-07-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3346 of 2015 • Shankar Yadav S/o Mohan Yadav, aged about 60 years R/o Village Ranta, Police Station and Tah. Lundra, Civil and Rev. Distt. Surguja Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Lundra, Civil and Rev. Distt. Surguja Chhattisgarh. ---- Non-applicant ------------------------------------------------------------------------------------------------------------- For Petitioner : Smt. Hamida Siddiqui, Advocate For Respondents/State : Shri Vinod Tekam, P.L.

------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 13/07/2015 Heard.

2) This is fourth bail application for grant of bail. Earlier first and second bail applications were dismissed as withdrawn and third bail application was dismissed on merit.

3) The applicant has been arrested on 7-7-2014 in connection with Crime No.21 of 2014 registered at Police Station Lundra, District Surguja (CG), for alleged commission of offences under Sections 147, 148, 149, 294, 506, 323 and 307 of IPC.

4) Learned counsel appearing for the applicant submits that this application for grant of bail has been moved mainly on the ground of delay in trial. It is submitted that even though one year has lapsed, the complainant/injured witness has not

been examined. It is submitted that despite repeated summons followed by bailable warrants, the injured witness has not appeared. 5) Taking into consideration the gravity of offence, I am not inclined to grant bail at this stage particularly, when the earlier applications have been rejected. However, considering the aspect of delay in trial, the trial Court is directed to take suitable steps to secure the presence of the witness if necessary, by issuance of warrants.

6) With the aforesaid observation, the instant bail application is disposed of. 2)2Sd/- Sd/- (Manindra Mohan Shrivastava) JUDGE Kvr