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High Court Of ChhattisgarhMCRCA/1413/2020dismissed

Domesh Chandra Sahu @ Dabbu v. State Of Chhattisgarh

2020-12-03Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 1413 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1413 of 2020 • Domesh Chandra Sahu @ Dabbu S/o Late Shri Dinesh Kumar Sahu Aged About 25 Years R/o Village Baigandabari, P. S. Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh ---- Respondent For Applicant :- Mr. Pragalbha Sharma, Advocate For Respondent-State :- Mr. Alok Bakshi, Addl. A.G.

For Complainant :- Mr. K.P. Sahu, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/12/2020

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.271/2019, registered at Police Station Kasdol, District Baloda Bazar, Bhatapara C.G. for offence punishable under Sections 363, 34 of the I.P.C.

2. Although applicant's prayer for grant of anticipatory bail has been dismissed by the Sessions Court but the fact remains that the offence registered against the applicant is under Section 363/34 of the I.P.C. which is a bailable offence.

MCRCA No. 1413 of 2020

3. Needless to say that in a bailable offence there can be no apprehension of arrest unless allegation against the applicant attracts some other non bailable offence which does not reflect from the case diary.

4. In view of the above, the anticipatory bail application is dismissed as not maintainable. The applicant may appear before the concerned Police Station drawing attention of the concerned Investigating Officer that the offence registered against him is a bailable offence.

SD/- (Prashant Kumar Mishra) Judge Ayushi