Rakesh Agrawal v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A) No. 874 of 2016

1. Rakesh Agrawal, S/o. Shri Bhajaram Agrawal, aged about 40 years, R/o. Dhimrapur Chauk, Raigarh, Tahsil and District -Raigarh, Civil and Revenue District - Raigarh (C.G.) ----Applicant

Versus

1. The State of Chhattisgarh, through : District Magistrate, Raigarh, District - Raigarh (C.G.) ---- Respondent For Applicant : Mr. Manoj Kumar Sinha, Advocate For Respondent/State : Mr. Neeraj Sharma, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/09/2016 1.

Apprehending arrest in connection with Crime No.134/2008 registered at Police Station - Punjipathra, District - Raigarh (C.G.), for offence punishable under Section 420, 467, 468, 471 of Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2.

As per the case of the prosecution, the applicant was arrested on 06.10.2008, subsequently he was enlarged on bail on 12.12.2008. Thereafter the applicant remained absent and ultimately on 12.10.2009, bail bonds were canceled and arrest warrant was issued and eventually the applicant was declared absconding on 06.12.2014.

3.

Learned counsel for the applicant would submit that it is the case of bail jump as the applicant was earlier enlarged on bail, therefore,

Page No.2 the counsel prays that the applicant may be enlarged on anticipatory bail.

4.

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

5.

I have heard the learned counsel appearing for the parties. 6.

Perused the case diary and the documents. The applicant is declared as absconded. Considering the fact that the applicant was remained absent from the year 2009, it is not a case where the benefit of Section 438 of Cr.P.C. can be extended. 7.

Accordingly, the anticipatory bail application is dismissed. S Sd/- (Goutam Bhaduri) Judge Balram