High Court Of ChhattisgarhMCRCA/783/2021rejected

Sanjay Gupta v. State Of Chhattisgarh

2021-07-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 783 of 2021 • Sanjay Gupta S/o Late Sitaram Prasad Gupta Aged About 38 Years R/o Village And Post- Dhanpunji, Police StationNagarnar, District- Bastar, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through- Station House OfÏcer, Police Station- Bodhghat, District- Bastar, Chhattisgarh. ---- Respondent For Applicant : Mr. Malay Shrivastava, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.07.2021

1. Proceeding through video conferencing.

2. This Second bail application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 220/2020 registered at Police Station- Bodhghat, District Bastar (C.G.) for commission of the offence punishable under Sections 307, 186 & 332 of the IPC.

3. The first anticipatory bail application of the applicant was dismissed on 26.03.2021 passed in MCRCA No. 1648 of 2020 based on previous antecedents of the applicant.

4. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He next contended that first anticipatory bail application of the applicant was dismissed on the ground of previous antecedents of the applicant but in most of the cases applicant has been acquitted and in the pending cases, the applicant is on bail. He next submitted that the applicant is ready to abide by all the conditions and directions imposed upon him, therefore, he may be granted anticipatory bail by this Court.

5. On the other hand, counsel for the State opposes the application for anticipatory bail and submits that after rejection of his first bail application on merit, no change in circumstances is found, therefore, the present applicant may not be granted anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, nature and gravity of offence in question, at this stage, I am not inclined to release him on anticipatory bail.

7. Accordingly, his anticipatory bail application filed under Section 438 of the Code of Criminal Procedure is rejected. Sd/- (Rajani Dubey) Judge V/-