Devendra Choudhary v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 686 of 2015 • Devendra Choudhary S/o Dharam Singh Choudhary Aged About 40 years R/o Village Pathalgaon, District Jashpur, At Present Village Patna, District Koriya, Chhattisgarh ---- Petitioner

Versus

• The State Of Chhattisgarh S/o Through: Police Station Baikunthpur, District Koriya, Chhattisgarh ---- Respondent For Petitioners.

: Shri Parag Kotecha, Advocate.

For Respondent/State.

: Ms. Shubha Shrivastava, Panel Lawyer Order On Board 21/07/2015 Heard.

The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No300/2012 registered at police station Baikunthpur for the offences punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

2.

This is second bail application. Learned counsel for the applicant submits that earlier the applicant had moved an application for grant of anticipatory bail which was rejected vide order dated 08.07.2015 and, thereafter, the other similarly situated coaccused has been granted regular bail. He further submits that as the present applicant is a Government servant, he has again repeated the application for grant of anticipatory bail.

3.

The bail application of this applicant was earlier rejected vide order dated 08.07.2015 and the applicant is absconding since then. After almost two years, he has repeated the application for anticipatory bail on the ground that other similarly situated coaccused has been granted regular bail and as he is a Government servant, the applicant should be extended the benefit of Section 438 of the Code of Criminal Procedure. 4.

On the other hand, learned counsel for the State opposes the bail application. 5.

To my mind that can not be the ground in the facts and circumstances of the present case. The application was rejected earlier by this Court. 6.

Taking into consideration, the gravity of the offence and the nature of evidence collected by the prosecution against the applicant, I am not inclined to grant anticipatory bail to the applicant. Therefore the bail application is rejected. 7.

Certified copy, as per rules.

Sd/- Manindra Mohan Shrivastava Judge Amita