Smt. Mithlesh Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 620 of 2015

1. Smt. Mithlesh Bai W/o Devnath Jangde Aged About 38 years

2. Shanikumar S/o Punidas Jangdey Aged About 40 Years Both Caste-Satnami, R/o Village Chhata, Police Station Lalpur, Civil District Bilaspur & Rev. Distt. Mungeli, Distt. Mungeli Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Lalpur Distt. Mungeli Chhattisgarh. ---- Respondent For Applicants :

Shri Sanjay Agrawal, Advocate.

For Respondent/State :

Ms. Shubha Shrivastava, Panel Lawyer Order On Board 10/07/2015 Heard.

This is the second application for grant of anticipatory bail by the applicants.

Learned counsel for the applicants submits that the second application has been moved because after receipt of challan, it has been found that the injury on the victim is not serious as to warrant registration of offence under Section 307 of the IPC. Earlier, the applicants were arrested on the allegation of commission of offence under Sections 294, 323 and 506 of the IPC. But, later on, as offence under Section 307 of the IPC was also registered, occasion arose to apply for grant of anticipatory bail.

This Court had allowed the application of the present applicant to be withdrawn. Liberty was also sought to apply for grant of regular bail and this Court issued direction that in case, the application for regular bail is moved, the same shall be considered and decided as early as possible. Having passed the order on earlier occasion, upon perusal of he material on record, I am not inclined to grant bail to the applicant.

The application is therefore rejected. However, the submissions, which are being made by the applicants before this Court, may be made before the Court below while applying for grant of regular bail which shall be duly considered by the Court below.

Sd/- (Manindra Mohan Shrivastava) J U D G E Praveen