Huneshwar Singh Porte v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1264 of 2015 Huneshwar Singh Porte S/o Mahesh Ram Porte Aged About 34 Years Caste - Gond, Elected Sarpanch, Gram Panchayat Hanumangarh, R/o Hanumangarh, P. S. & Tahsil Udaipur, District - Sarguja (Chhattisgarh). ---- Applicant

Versus

State Of Chhattisgarh Through : The Station House Officer, Police Station Udaipur, District - Sarguja (Chhattisgarh).

---- Respondent For Applicant :

Shri Jitendra Shrivastava, Advocate.

For State :

Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 02/12/2015 Heard.

This is the second application for grant of bail. First application was dismissed as withdrawn.

Learned counsel for the applicant submits that earlier the applicant could not bring to the notice of this Court order dated 30.03.2015, receipt and cash memo dated 15.06.2015 (Annexure A/4) which show that the applicant was not involved in misappropriation of kerosene meant for Public Distribution System. In the first application, this Court after hearing learned counsel for the applicant, allowed the application to be dismissed as withdrawn with liberty to apply for grant of regular

bail. The applicant has moved the bail application by disclosing new documents. Therefore, taking into consideration the above aspect and that this Court was not inclined to grant anticipatory bail, the application is rejected reserving the liberty as earlier granted to the applicant vide order dated 12.10.2015. It has been submitted that the other accused has been granted regular bail. This aspect may be taken into consideration by learned Court below at the time of consideration of bail application.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha