High CourtsSingle Bench

Shish Kumar Nag vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 21 June 2024 · Citation: (2024) 06 CHH CK 0070

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
<li>Code of Criminal Procedure, 1973 &mdash; Section 438</li><li>Indian Penal Code, 1860 &mdash; Section 420</li>
RESULT
Rejected
CASE NUMBER
MCRC(A) 570 Of 2024
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Judgment

7 paragraphs · 239 words

Goutam Bhaduri, J

1.

This is the second Anticipatory Bail Application filed under Section 438 of the Code of Criminal Procedure by the applicant apprehending his arrest in connection with Crime No. 125/2020 registered at Police Station Khamtarai, District Raipur, C.G. for the offence punishable under Section 420 of the IPC.

2.

Earlier the first bail application bearing MCRCA No.473 of 2021 was rejected on 09/08/2021.

3.

As per the prosecution case, a report was lodged by one Kalpana Yadav that the present applicant, who worked as a middleman, introduced her to Sharad Kumar Lahare. Thereafter, a property/house situated over Khasra No.436/13 admeasuring 714 sq. feet was purchased for an amount of Rs.15,50,000/- on 25.04.2015. Subsequently, it was revealed that the present applicant along with Sharad Kumar Lahare has already sold the said property to one Vinay Singh by two separate sale deeds i.e. 04.03.2015 and 25.04.2015.

4.

In order to ascertain the fact as to whether the charge-sheet has been filed or not, the case-diary of the crime No.125/2020 is perused which shows that the Farari Panchnama was recorded on 11/08/2023 and the applicant is still absconding.

5.

Since the applicant is absconding, therefore, in view of the considered opinion of this Court, the applicant cannot be extended the benefit of anticipatory bail. Since no change in the circumstances appear, I am not inclined to allow this anticipatory bail application.

6.

Accordingly, the anticipatory bail application is rejected.