Aluram Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6318 of 2018 Aluram Sahu, S/o. Shri Barati Sahu, Aged About 50 Years, R/o. Jhajhapuri Khurd, Thana- Jarhagaon, District- Mungeli, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Kotwali, DistrictRaigarh, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Achyut Tiwari, Advocate For Respondent :

Mr. D.R.Minj, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.11.2018 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 in connection with Crime No.291/2016 registered at Police Station- Thana Kotwali, District Raigarh (C.G.) for the offence punishable under Section 489(A)(B) (C), 34 of Indian Penal Code. The first bail application was dismissed as withdrawn on 18.07.2018 in MCRC No.1826/2018. 2.

As per the prosecution case, on 14.05.2016 from the possession of the applicant, 98 numbers of fake currency notes of Rs.500/- were recovered.

3.

Learned counsel for the applicant would submit that the first bail application was dismissed as withdrawn and subsequently this second bail application is filed on the medical ground as the applicant is suffering from various disease, which cannot be treated at Jail, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail and would submit that the Doctor who has given the report has stated the general disease and no extraordinary diseases have been shown.

5.

Perused the medical report. After perusal of the record and the medical report, which shows chest pain, back pain & hypertension etc., nothing extraordinary disease was shown which is supported by the Doctor to grant the bail. Taking into the medical report, if the Doctors have not supported, I am not inclined to release the applicant on bail.

6.

Accordingly, the second bail application filed under Section 439 of Cr.P.C. is rejected.

Sd/- (Goutam Bhaduri) Judge Ashok