High Court Of ChhattisgarhMCRCA/202/2017dismissed

Ram Kumar Dewangan v. State Of Chhattisgarh

2017-03-17Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Cr. C. (A) No. 202 of 2017 • Ram Kumar Dewangan S/o Late Pachkor Dewangan Aged About 63 Years Retd. Inspector Krishi Mandi R/o Kota, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through E.O.W./ A.C.B. District Raipur, Chhattisgarh.

---- Non-applicant For Applicant Mr. Ashutosh Trivedi, Advocate For State Mr. Adhiraj Surana, Dy. Government Advocate SB: Hon'ble Shri Justice P.Sam Koshy Order On Board 17.03.2017

1. This is repeat application filed u/s 438 of Cr.P.C. for grant of anticipatory bail by the Applicant apprehending his arrest in connection with Crime No. 5/2007 registered at Anti Corruption Bureau, Raipur (C.G.).

2. The present applicant was on an earlier occasion also filed anticipatory bail application which was registered as M.Cr.C.A. No. 755/2014. This Court vide the order dated 12.09.2014 while rejecting the application on merits made an observation to the Trial Court that in the event the Applicant surrenders and moves an application for grant of regular bail under Section 439 of the Cr.P.C. the same may be considered, if possible on the same day.

3. However, from the submissions of the learned Counsel for the

Applicant it does not appear that the Applicant has made any effort for surrendering before the Trial Court and moving an application under Section 439 of the Cr.P.C. No change in circumstances have also been shown by the Applicant except for the passage of time and the Applicant becoming more older by another 21⁄2 years in the intervening period leading to the filing of the second bail application.

4. This Court is not inclined to accept the said two submissions for repeat bail application being made.

5. This Court does not find any change in circumstances from the time of the rejection of the earlier bail application.

6. Accordingly, the present bail application stands rejected.

7. However, the observations made at the time of deciding the first bail application shall still hold good.

Sd/- (P. Sam Koshy) JUDGE kishore