Navshad Khan @ Bitna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6496 of 2017 • Navshad Khan @ Bitna S/o Shadik Khan Aged About 24 Years R/o Village Saitanger Toli, Police Chowki Lodam, P. S. Jashpur District Jashpur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh, Through Station House OfÏcer, Police Chowki Lodam, Police Station Jashpur, District Jashpur Chhattisgarh ---- Respondent For Petitioner Mr. Sanjeev Kumar Sahu, Advocate For Respondent /State Mr. Sangharsh Pandey, Dy. GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/12/2017

1. Heard.

2. This is an 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.262/2015, registered at Police Station Police Chowki Lodam, PS Jashpur, District Jashpur (CG).

3. In view of the fact that the bail application of co-accused Rajkumar Bhagat has already been dismissed by this Court on 20.11.2017 vide MCRC No.5100/2017 and the applicant was absconding, this Court is not inclined to release the applicant on

bail.

4. At this stage, learned counsel for the applicant would submit that one of the co-accused Mahavir Sao @ Khopa has already been released on bail vide order dated 20.11.2016 passed in MCRC No.7533 of 2016.

5. Nature of evidence against the present applicant is similar to that of co-accused Rajkumar Bhagat whose bail application has been dismissed recently i.e. on 20.11.2017. On the said date, when the bail application of Rajkumar Bhagat was rejected, the bail order of Mahavir Sao passed on 29.11.2016 was already in existence yet the bail application of Rajkumar Bhagat was rejected, therefore, there applicant is not entitled to any benefit out of the bail order allowed to Mahavir Sao.

6. Accordingly, the bail application is rejected. Sd/- Judge (Prashant Kumar Mishra) Shyna