Om Prakash v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7719 of 2016 1.

Om Prakash, S/o. Bhagwan Das, aged about 48 years, R/o. VillageKapan, Khamhariya Nirtu, Police Station - Masturi, Civil and Revenue District - Bilaspur (C.G.) ----Applicant

Versus

1.

State of Chhattisgarh, through: Station House Officer, Police Station : Masturi, District - Bilaspur (C.G.) ---- Respondent For Applicant : Mr. Aman Kesharwani, Advocate For Respondent/State : Mr. Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/11/2016 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.408/2015, registered at Police Station - Masturi, District - Bilaspur (C.G.) for the offence punishable under Section 420, 467, 468, 471, 120-B of Indian Penal Code. The first bail application was dismissed on 08.08.2016 in M.Cr.C. No.3104/2016. 2.

Learned counsel for the applicant would submit that charges have been framed and the evidence has started, therefore, there is a change of circumstances and prays that the applicant may be enlarged on bail.

3.

Reading the order dated 08.08.2016 would show that predominantly, earlier bail was dismissed on the ground that two

Page No.2 other cases under Section 302 and 307 of I.P.C. are pending against the applicant, therefore, no change of circumstances appears to exist to reconsider the bail again. Therefore, I am not inclined to release the applicant on bail.

4.

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

Sd/- (Goutam Bhaduri) Judge Balram