← Library
High Court Of ChhattisgarhMCRC/7005/2016dismissed

Surendra Sahu v. State Of Chhattisgarh

2016-11-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7005 of 2016 Surendra Sahu S/o Mahendra Sahu, Aged About 23 Years R/o Akolikala, Near Angan Badi, Police Station Arang, District Raipur Chhattisgarh, At Present Telibandha, Near Puraina Talab, Police Station Telibandha, District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - D. D. Nagar, Raipur District Raipur Chhattisgarh ---- Respondent For applicant - Shri L.C. Dash, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 9/11/2016 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 26/09/2016 vide M.Cr.C. No.5790 of 2016.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.195/2016 registered in Police Station D.D. Nagar, Raipur, District Raipur (CG) for offence punishable under sections 457, 419, 420, 392 of Indian Penal Code. 3.

As per the prosecution case, the applicant alongwith other coaccused on 2/08/2016 went to the house of the complainant Smt. Ramli Bai Netam and stated that they are from the crime branch and wanted to raid the house at about 12 O'clock in the night. Despite refusal they forcefully entered into the house and opened the suit case and took away the gold & silver ornaments & cash and also threatened that in case report is made, she would suffer the dire consequences. Subsequently, the report was made on 11/08/2016.

4.

Learned counsel for the applicant submits that after dismissal of the

first bail application, charge sheet has been filed, no further investigation would be necessary, therefore the applicant may be released on bail. 5.

Learned State counsel opposes the prayer for grant of bail. 6.

Perused the earlier rejection order which was dismissed on merits. Taking into such fact no change of circumstances appears to exist to reconsider this second bail application.

7.

Accordingly, the second bail application is dismissed. However, liberty is reserved in favour of the applicant to repeat the bail application after examination of the complainant.

Sd/- (Goutam Bhaduri) JUDGE gouri