Ashwani Kumar vs State Of Chhattisgarh
2022 Latest Caselaw 3909 Chatt

Citation : 2022 Latest Caselaw 3909 Chatt
Judgement Date : 21 June, 2022

Chattisgarh High Court

Ashwani Kumar vs State Of Chhattisgarh on 21 June, 2022

                                                                  Page 1 of 2

                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                          MCRCA No. 364 of 2022


1.

Ashwani Kumar S/o Shri Nanku Ram, Aged About 33 Years, R/o Village Pakariya, Police Station Shivrinarayan, District Janjgir- Champa (C.G.).

---- Applicant Versus

1. State Of Chhattisgarh, Through Station House Officer, Police Station Pandariya, District Kabeerdham (C.G.).

---- Non-applicant

For Applicant : Mr. Pawan Kesharwani, Advocate. For Non-Applicant/State : Mr. Raghvendra Verma, Govt. Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board

21/06/2022

1) The applicant has preferred this Second Bail Application under Section 438 of Cr.P.C. for grant of anticipatory bail. Earlier bail application of the applicant alongwith other co-accused i.e. MCRCA No. 524/2017 was disposed of as withdrawn on 18/08/2017 with liberty to file application under Section 437 of Cr.P.C before the concerned Trial Court after surrender of the applicant.

2) The applicant apprehends his arrest in connection with Crime No. 28/2014 registered at Police Station Pandariya, District Kabeerdham (C.G.) for the offence punishable under Sections 498A/34 of Indian Penal Code.

3) Learned Counsel for the applicant submits that co-accused Lomesh Soni, Nanku Soni, Neelu Soni & Usha Soni have already been acquitted of the charge under Section 498A/34 of IPC by the Trial Court vide judgment dated 17/06/2021 (Annexure A-2). He seeks permission of this Court to withdraw the bail application and prays for a direction to the Court below concerned to consider and decide the application for grant of regular bail, if filed by applicant after his

surrender, on same day.

4) Learned State Counsel submits that he is having no objection to the prayer made by learned counsel for the applicant.

5) Accordingly, second bail application is dismissed as withdrawn with the above liberty. In the event, applicant, after his surrender, files application for grant of regular bail, learned Court below may consider and decide the application, if possible, on same day, in accordance with law.

-Sd/-

(Gautam Chourdiya) Judge Chandrakant