Deepak Lalwani v. State Of Chhattisgarh And Another

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 908 of 2020 Deepak Lalwani (Wrongly mentioned in the impugned order and police diary as Shubham Lalwani), S/o Shri Mahesh Lalwani, Aged About 22 Years, R/o Lalbag, Sindhi Colony Gali No. 7, P.S. Basantpur, Rajnandgaon (C.G.) ---- Applicant

Versus

1.

State of Chhattisgarh, Through- Station House Officer, Out-Post Chikhali, Police Station- Sarkanda, District- Bilaspur (C.G.) 2.

Sreejata Das, D/o Late Shyamal Das, Aged About 32 Years, R/o Daspara Kolkatta West Bengal. Presently residing at Sarkanda Bilaspur, Tahsil & District- Bilaspur (C.G.) ---- Respondents For Applicant : Mr. Aditya Bhardwaj, Advocate.

For State/ Respondent No. 1: Mr. Devendra Pratap Singh, Dy. A.G. For Objector : Mr. Amit Kumar, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/11/2020 1.

This is the third anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant has apprehension of being arrested in connection with Crime No. 430/2019, registered at Police Station - Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Section 376, 506 of the I.P.C.

2.

The applicant was earlier granted anticipatory bail in MCRCA No. 894/2019 vide order dated 21.06.2019, however, respondent No. 2 filed CRMP No. 1586/2019, which has been decided by this

Court vide order dated 04.10.2019 and the anticipatory bail granted to the applicant, has been cancelled. Subsequent to that, the applicant filed one application MCRCA No. 419/2020 for grant of anticipatory bail, which was dismissed as withdrawn on 12.03.2020.

3.

As there had been an express direction to this applicant in order dated 04.10.2019 passed in CRMP No. 1586/2019, to surrender before the police station or the court, as the case may be, but, instead of complying with the same, the applicant is still at large and avoiding the process of law and further, there is no change in circumstances, therefore, no reason is found to entertain this third bail application for grant of anticipatory bail to this applicant. 4.

In view of the above, the bail application filed under Section 438 of the Cr.P.C. is liable to be and is hereby rejected at motion stage itself.

Sd/- (Rajendra Chandra Singh Samant) Judge Arun