High Court Of ChhattisgarhMCRC/3564/2019rejected

Kumbhaj v. State Of Chhattisgarh

2019-07-03Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3564 of 2019 • Kumbhaj S/o Bhaggu Aged About 25 Years R/o Tifra, Police Station Sirgitti, Tahsil And District Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Sirgiti, District Bilaspur Chhattisgarh ----Non Applicant For the Applicant :

Mr. C.K. Sahu, Advocate For Non Applicant :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.07.2019

1. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2. Earlier, the first bail application of the applicant was rejected by this Court on 22.01.2019 in MCRC No.9832 of 2018.

3. Perused the case diary provided by the learned counsel for the State in connection with Crime No.320/2018 registered at Police Station- Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Sections 380, 457 of Indian Penal Code.

4. Case of the prosecution in brief is that between 21.08.2018 to 22.08.2018 at Yadav Nagar, Tifra from the rented house of complainant Churawan Lal Sahu Rs.11,500/- cash, golden ear tops, silver anklet, golden locket, waist chain, Aadhar Card, ATM Card, PAN Card, Smart Card were stolen by some

unknown person. On the memorandum of applicant cash of Rs.6195/-, one pair ear tops, one golden locket, two pairs silver bangles, one pair of silver anklet, one silver waist chain, Aadhar Card, Smart Card, ATM Card had been seized from him.

5. Learned counsel for the applicant submits that material witnesses have been examined, he is in jail since 10 months. Thus, applicant may be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application. He further submits that 7 other criminal cases have been registered against the applicant, out of which four under IPC and 3 under CrPC.

7. Looking to the above mentioned facts and circumstances of the case, this Court finds that there is no change in the circumstance of the case on the strength of which the applicant be released on bail in second round of litigation, thus second bail application is rejected.

8. However, trial Court is directed to expedite the trial and dispose of the case as soon as possible preferably within 2 months from the date of receipt of copy of this order.

Sd/- Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul