Anshuman Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 348 of 2018 Anshuman Dubey, S/o. Uttam Dubey, Aged About 24 Years, R/o. Sonar Para, Champa, Distt. Janjgir Champa Chhattisgarh. ----Applicant

Versus

State Of Chhattisgarh, Through : Thana Champa, Distt. Janjgir Champa Chhattisgarh.

---- Respondent For Applicant : Mr. Kishore Bharat, Advocate For Respondent/State : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 29/06/2018 1.

Apprehending arrest in connection with Crime No.307/2016, registered at Police Station - Champa, District - Janjgir-Champa (C.G.) for offence punishable under Section 147, 323, 394 & 201 of the Indian Penal Code, the applicant has preferred this second bail application for grant of anticipatory bail. The first bail application filed under Section 438 of Cr.P.C. is dismissed on merit vide order dated 23.10.2017 in M.Cr.C.(A)611/2017.

2.

It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. Only the main grounds that has been raised in this application is that one of the co-accused namely Akash Kumar Gupta has been granted anticipatory bail vide order dated 06.02.2018 in M.Cr.C.(A)

No.1015/2017. Therefore, it is prayed that the applicant may kindly be benefited with Section 438 of Cr.P.C.

3.

Per contra learned State counsel opposes the application for grant of bail and the submissions made in this respect. 4.

I have heard the learned counsel for the parties and perused the case diary and the documents placed on record. 5.

Considered the submissions made and the contents of the case diary. The grounds on which the co-accused Akash Kumar Gupta has been benefited with grant of anticipatory bail are different from that which are available to this applicant, hence, this Court is not inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant.

6.

Accordingly, the anticipatory bail application filed under Section 438 of Cr.P.C. is rejected.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram