Suryabali Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4213 of 2017 Suryabali Singh, S/o. Sukhpal, Aged About 54 Years, Caste Rajput, R/o. Village Remte, Police Station Kunkuri, District Jashpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Kunkuri, District Jashpur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Harish Khuntiya, Advocate For Respondent :

Mr. Suryakant Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.07.2017 1.

This is the second bail 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.126/2016 registered at Police Station- Kunkuri, District Jashpur (C.G.) for the offence punishable under Section 420 of Indian Penal Code. The first bail application was dismissed on merit on 10.01.2017 in MCRC No.7717 of 2016.

2.

Case of the prosecution, in brief, is that FIR was made by Dashrath and others that on 18.06.2016 present applicant allured different depositors to deposit an amount of Rs.2,700/- to open the account in Bank. However, neither their account was opened in the Bank nor their money was returned and thereby the offence has been committed.

3.

Learned counsel for the applicant would submit that seven witnesses have been examined, the applicant is in jail since 19.06.2016 and the trial is not going to conclude; therefore, the applicant may be released on bail.

4.

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

5.

Perused the earlier bail order, which was rejected on merit and also the statement of the witnesses. Considering the same and the fact that trial is already going on, I do not find any change of circumstances to reconsider the instant second bail application. 6.

Accordingly, the second bail application is dismissed. However, the trial Court is requested to expedite the trial. Sd/- (Goutam Bhaduri) Judge Ashok