Dinesh Banjara @ Devraj vs State Of Chhattisgarh
2021 Latest Caselaw 2790 Chatt

                                       1

                                                                         NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                    Criminal Appeal No. 907 of 2021


      1. Dinesh Banjara @ Devraj S/o Dhanlal, Aged about
        30    years,   Caste    Satnami,          R/o   Village   Senguda,
        Chowki     Chilfi,     Thana       and    Tahsil     Lormi,   Distt.
        Mungeli, Chhattisgarh.

      2. Hanuman   Dhritlahre     S/o Late Bisahu              Dhritlahre,
        Aged 47 years, Caste Satnami, R/o Sonpuri, Thana
        Pandariya,           Distt.              Kabirdham        Kawardha,
        Chhattisgarh.

                                                             ­­­Appellants

                                   Versus

        State Of Chhattisgarh Through the Police Station
        Tumgaon, Distt. Mahasamund, Chhattisgarh.

                                                           ­­­Respondent

For Appellants :­ Mr. J.K. Gupta, Advocate For State :­ Mr. Sunil Otwani, Addl. A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 20/10/2021

1. This appeal under Section 21(4) of the National

Investigation Agency Act, 2008 has been preferred

by the present appellants calling in question the

order impugned dated 12/07/2021 passed by learned

Special Judge (N.I.A), Bilaspur rejecting their

bail application under Section 439 of CrPC.

2. Mr. J.K. Gupta, learned counsel for the

appellants, would submit that since one co­

accused of the appellants namely Tiharu Koshle @

Pandit has already been granted bail by this

Court vide order dated 22/06/2021 passed in CRA

No. 515/2021 and the statements of the four

witnesses namely Smt. Rani alias Kulwant Kaur,

Jagdish Ravidas, Dinesh Kumar Dahariya and Geeta

Ram Bhaskar have also been recorded, therefore,

the present appellants are entitled to be

released on bail.

3. Mr. Sunil Otwani, learned Additional Advocate

General for the respondent/State, would submit

that the appellants herein have already filed a

bail application which has been rejected on

30/06/2020 against which Criminal Appeal No.

586/2020 was preferred, but that too, has been

dismissed by this Court on 24/11/2020. As such,

there is no ground made out for the appellants to

be released on bail.

4. We have heard learned counsel for the parties,

considered their rival submissions and perused

the record.

5. The first bail application filed by the

appellants was rejected by learned Special Judge

(N.I.A.) on 30/06/2020 against which they

preferred Criminal Appeal No. 586/2020 (Dinesh

Banjare & Anr. v. State of Chhattisgarh) wherein

this Court vide order dated 24/11/2020 dismissed

the appeal and recorded the following finding :­

"... considering the seriousness of the offence the present does not appear to be a fit case for passing any order in favour of the appellants to release them on regular bail."

6. Having heard learned counsel for the parties and

considering the limited scope of this appeal, we

do not consider it a fit case for grant of bail

to the appellants as they have failed to

demonstrate any change of circumstances/made out

a new ground warranting their release on bail.

7. The previous bail application filed by the

appellants has been rejected on merits and the

second bail application preferred by the

appellants has been dismissed by learned Special

Judge on the basis of earlier rejection of the

bail application. While preferring this criminal

appeal, the appellants have not disclosed before

this Court that their previous bail application

and the criminal appeal preferred against that

order has already been rejected. The said fact

ought to have been disclosed in this appeal,

however, it is apparent from the order dated

12/07/2021 passed by learned Special Judge

(N.I.A.), Bilaspur.

8. Accordingly, this criminal appeal stands

dismissed.

9. Registry is directed to find out the reasons as

to why dismissal of the earlier criminal appeal

No. 586/2020 filed by the appellants was not

brought to the notice of this Court at the time

of admission and at the time of final hearing of

this appeal and to take remedial steps in future.

                Sd/­                                         Sd/­
          (Sanjay K. Agrawal)                  (Arvind Singh Chandel)
                  Judge                                      Judge



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