High Court Of ChhattisgarhMCRCA/993/2020rejected

Shravan Kumar v. State Of Chhattisgarh

2020-09-03Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 993 of 2020 Shravan Kumar S/o Late Ramlal Aged About 35 Years R/o Village- Sahjipur, Post- Thengaha, P.S.- Sangrampur, Distt.- Amethi, (U.P.), Uttar Pradesh ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Chowki Bastar, Distt.- Bastar, (C.G.), District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Applicant :

Shri A.N. Pandey, Advocate For State :

Shri Ravish Verma, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/09/2020 Heard.

1. The applicant has filed this application for grant of anticipatory bail under Section 438 Cr.P.C. as he is apprehending his arrest in connection with Crime No. 359/2019, registered at Police Station -Chowki Bastar, DistrictBastar (CG) for alleged commission of offence punishable under Sections 20 (b) (ii) (C), 29 and 63 of the NDPS Act.

2. At the outset, it is stated that the case diary is not available. Learned State counsel further pointed out that the applicant has straightway filed the application for anticipatory bail before this Court without moving any application for anticipatory bail before the concerned Sessions Court.

3. Learned counsel for applicant would submit that in special circumstances, looking to the merits of the case, this Court was inclined to admit the bail application, though the applicant had not approached the Court below.

4. It appears that initially, the anticipatory bail application was filed,

-2registered as MCRCA 407 of 2020, which was dismissed for want of prosecution with liberty to revive. Thereafter, present application was filed and it was admitted.

5. However, taking into consideration that the applicant has not approached the concerned Sessions Judge and has straightway filed anticipatory bail application before this Court only on the ground that he has got a very good case, I am not inclined to entertain the application.

6. The application is accordingly rejected, granting liberty to the applicant to move anticipatory bail application before the jurisdictional Sessions Judge. Sd/-/----- (Manindra Mohan Shrivastava) Judge Praveen