High Court Of ChhattisgarhMCRCA/144/2016allowed

Dhani Ram Shukla And ORS. v. State Of Chhattisgarh And ANR.

2016-04-12Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC(A) No. 144 of 2016

1. Dhani Ram Shukla S/O Rajmani Aged About 47 Years R/O Village Ganjar, P.S. Janakpur, District Koria, Chhattisgarh.

2. Ramakant Dubey S/O Ram Nihor Aged About 26 Years R/O Village Ganjar, P.S. Janakpur, District Koria, Chhattisgarh.

3. Smt. Rama Bai W/O Ram Nihor Aged About 49 Years R/O Village Ganjar, P.S. Janakpur, District Koria, Chhattisgarh.

---- Applicants

Versus

1. State Of Chhattisgarh, Through The Station House Office, Police Station Janakpur, District Koria, Chhattisgarh.

2. Fedrik Kerketta Aged About 55 Years Ex-Station House Officer, R/O Village Ganjar, At Present R/O Police Line, Baikunthpur, District Koria, Chhattisgarh. ---- Respondent 12/04/2016 Shri Jitendra Gupta, counsel for the applicants. Shri Arvind Shukla, PL for the State.

Shri Ajeet Kumar Yadav, counsel for respondent No.2. Heard.

Learned counsel for the applicants submits that he do not want to press bail application in respect of applicant No.3 Smt. Rama Bai as she was arrested and enlarged on bail. Accordingly, bail application in respect of applicant No.3 Smt. Rama Bai is dismissed as not pressed.

Learned counsel for the applicants seeks permission of this Court to withdraw the bail application in respect of applicants No.1 and 2 namely Dhani Ram Shukla and Ramakant Dubey filed under Section 438 of Cr.P.C. with liberty to the applicants No.1 and 2 to surrender themselves and apply for regular bail before the concerned

trial court on the same day.

Prayer is allowed.

Accordingly, the anticipatory bail application in respect of applicants No.1 and 2 namely Dhani Ram Shukla and Ramakant Dubey is dismissed as withdrawn with the aforesaid liberty.

However, if the applicants No.1 and 2, so advised, may surrender and apply for regular bail before the concerned trial Court. On such application being filed, the concerned Court shall consider and decide the same on merits as early as possible and preferably on the same day. Sd/- (Goutam Bhaduri) JUDGE gouri