Ramkumar Patre v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1892 of 2019 • Ramkumar Patre S/o Babulal Patre, Aged About 35 Years, R/o Village Munda, P.S. Kota, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, Through the Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri Rajeev Kumar Dubey, Advocate. For Non-applicant/State - Shri Rahim Ubwani, P.L. for the State. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 28-03-2019 1.

This is the fourth bail application filed by the applicant before this Court under Section 439 of the Cr.P.C. for grant of regular bail. His first bail application was dismissed as withdrawn, his second bail was dismissed on merits and the third application of this applicant in this regard was also dismissed as withdrawn. The applicant has been arrested on 21-05-2017 in connection with Crime No.131/2017, registered at Police Station - Kota, District Bilaspur, Chhattisgarh for the offence punishable under Sections 376/34 and 506 of the IPC and Section 67 of Information Technology Act.

2.

Heard on the application for grant of Ad-interim bail. 3.

It is submitted that father of the applicant is suffering from ailments in kidney and urinary bladder, because of which he has to be operated immediately. As the applicant is in jail, he cannot make any financial arrangement for surgery and other medical treatment of his father. Hence, it is prayed that he may be granted temporary bail of 10 days.

-24.

Learned counsel for the State/non-applicant opposes the application submitting that earlier applications of this applicant have already been rejected on merits, therefore, this application may also be rejected.

5.

Heard learned counsel for the parties and perused the documents. 6.

After perusing the affidavit filed in support of the application and also the medical reports of father of the applicant which shows that there is some requirement of treatment and surgery may also be required, therefore, I feel inclined to grant temporary bail to the applicant. 7.

Consequently, the application for Ad-interim/temporary bail is allowed. It is directed that on applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, he shall be released on temporarily bail. The applicant shall surrender before the concerned Court on 8th of April, 2019.

8.

After passing of this order, the main application for grant of regular bail is also disposed off.

9.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil