Rashid v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5246 of 2018 • Rashid S/o Abdul Hafiz Aged About 37 Years R/o Village Jagdishpur, P. S. Fulpur, District Ajamgarh U. P.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station Gandhinagar District Surguja Chhattisgarh ---- Respondent For Applicant :

Shri Sunil Tripathi, Advocate For Respondent/State :

Shri Ashish Shukla, Dy. AG for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/08/2018

1. This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 27.07.2017 in connection with Crime No.198/2017 registered at Police Station Gandhinagar, District - Surguja (CG) for the offence punishable under Sections 379/34, 467, 468, 471 IPC.

2. The First Bail Application was dismissed on merits on 09.03.2018 vide M.Cr.C. No.190/2018.

3. As per the prosecution case, a report was made by one Jitendra Pandey on 22/06/2017 that Bolero Vehicle bearing no.C.G.15B 6170 was stolen which was

parked outside the house. Subsequently, police started investigation and the vehicle was recovered at Haiderganj, District Faizabad and the colour of the vehicle was changed and efforts were made to change the chachis number.

4. Learned counsel for the applicant submits that the trial has still not completed and enormous delay is being caused and the applicant is in jail since 27.07.2017, therefore, he may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the fact that the earlier bail application was dismissed on 09.03.2018 on merits, I do not find any change of circumstances to reconsider this repeat bail application within a short span of time.

7. Accordingly, the second bail application is dismissed. Sd/- Goutam Bhaduri Judge Ashu