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High Court Of ChhattisgarhMCRCA/688/2015dismissed

Shivbati Korram v. State Of Chhattisgarh

2015-08-07Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C(A) No. 688 of 2015 Shivbati Korram, D/o Ghasiram Korram, aged about 32 years, Occupation Service (Peogramme Officer), R/o Village Dhaudai, Tahsil and District Narayanpur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P.S. Kosir, Distt. Raigarh (C.G.) ---- Non-applicant For Applicant:

Shri VC. Ottalwar along with Shri Akthar Hussain, Advocates.

For Non-applicant/State:

Shri Chitranjan Patel, PL.

Single Bench:

Hon'ble Shri P. Sam Koshy, J Order On Board 07.08.2015 This is the 2nd bail application preferred by the applicant under Section 438 Cr.P.C for grant of anticipatory bail apprehending arrest in connection with Crime Case No.28/2014 registered at P.S. Kosir, Distt. Raigarh (CG) for the offence punishable under Sections 420, 467, 468, 409 & 120-B/34 IPC. The earlier anticipatory bail application was dismissed by this Court vide order dated 4.7.2014 passed in M.Cr.C(A). No.452/2014.

2.

It is pertinent to note that when the earlier bail application was rejected, it was observed by this Court that in the event the applicant surrenders before the court below and files an application for grant of regular bail, the same may be considered, if possible on the same day. However, till date, the applicant has not moved any such application for surrendering before the court below but has moved the instant 2nd anticipatory bail application. 3.

State counsel, on getting a report from the police authorities, submits that the present applicant is absconding since 29.7.2015 and that the mobile number of the applicant which was available in the office records also was not operational and they were finding it difficult in tracking the location of the present applicant.

He further submits that since 29.7.2015, she is not attending her duties also. He therefore submits that looking to the nature of the offence committed, the present applicant is not entitled for the benefit of anticipatory bail. 4.

Considering the facts and circumstances of the case, particularly the conduct of the present applicant, this Court is not inclined to grant anticipatory bail to her.

5.

Accordingly, the instant M.Cr.C.(A) is rejected. Sd/- J U D G E (P. Sam Koshy) Priya