Rakesh Ragde v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4940 of 2019 • Rakesh Ragde S/o Late Janak Ragde Aged About 22 Years R/o Jaykali Chowk, Bhoipara, Police Station Azad Chowk, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Non-applicant For Applicant : Shri A.D. Kuldeep, Advocate.

For Non-applicant : Shri Ravi Maheshwari, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.08.2019 1.

This is third 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 has been rejected by this Court on 28.03.2019 in MCRC No. 1724 of 2019 on the ground that four other criminal cases have been registered against the applicant and the second bail application of the applicant has been dismissed as withdrawn on 02.07.2019 in MCRC No. 3947 of 2019. 3.

Perused the Case Diary provided by the learned counsel for the State in connection with crime No. 63/2019 registered at Police Station - City Kotwali Raipur, District - Raipur (C.G.) for the offence punishable under Section 294, 323, 324, 506 B, 341/34 of the IPC and Section 25/27 of the Arms Act.

4.

Case of the prosecution, in brief is that on 12.02.2019 at about

3:30 pm at Mahitoh Chauk Kakali Talab, Raipur, applicant and coaccused abused complainant Akram Khan @ Kalu, threatened to kill him, applicant caused injury on his left thigh by spring knife. 5.

Learned counsel for the applicant argued that applicant is in jail since 13.02.2019. Coaccused has been released on bail, thus he may be released on bail.

6.

On the other hand, learned counsel for the State opposes the bail application and submits that four other criminal cases have been registered against the applicant.

7.

The case of the applicant is totally different from the coaccused Krishnakant Sharma @ Golu who is enlarged on bail by this Court. No antecedent was reported against him. Whereas four other criminal cases have been registered against the applicant. 8.

Mere detention period of the accused is not itself sufficient to say that circumstance has been changed.

9.

There is no change in the circumstance which may entitle the applicant to be released on bail in third round. 10.

Accordingly, the present bail application is rejected. 11.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore