Ravishankar Harpal Vs State of Chhattisgarh

1 (MCRC No.1299 of 2024)

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1299 of 2024

Ravishankar Harpal S/o Banmali Harpal Aged About 24 Years R/o Ward No. 15 Rawanbhata Bagbahara, P.S. And Tehsil - Baagbahra, District : Mahasamund, Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station - Bagbahara, District : Mahasamund, Chhattisgarh

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---- Non-applicant

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For Applicant :- Mr. Mohit Kumar, Counsel For State :- Mr. Rahul Tamaskar, G.A.

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SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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12.03.2024

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1. This is the second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No.52/2022, registered at Police Station Bagbahara, DistrictMahasamund, C.G., for alleged commission of offences punishable under Sections 294, 323, 506, 341, 427, 307 of I.P.C. and 25 & 27 of Arms Act.

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2. In the first bail application, the applicant was granted bail by order of this Court dated 13.05.2022, passed in MCrC No.4117/2022 (Ravishankar Harpal Vs State of Chhattisgarh). However, after releasing on bail, he could not appear before the concerned trial Court on the date fixed for his appearance and, therefore, he was again

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2 (MCRC No.1299 of 2024)

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arrested on 09.12.2023. Consequently, the applicant preferred bail application before the trial Court, which was rejected by the impugned order dated 01.01.2024, against which present bail application has been filed.

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3. Learned counsel for the applicant submits that the applicant belongs to a poor family and he went outside the State to earn bread for his family, therefore, he was not aware about the date of his appearance before the trial Court and could not appear therein. As such, nonappearance on behalf of the applicant is on account of bonafide reason and, therefore, present bail application deserves to be allowed.

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4. On the other hand, learned State Counsel oppose the bail application and prays for dismissal of the same.

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5. I have heard learned counsel for the parties, considered their rival submissions made herein above and perused the case diary.

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6. After hearing learned counsel for the parties and especially considering the fact that the applicant was earlier granted bail by order of this Court dated 13.05.2022 in connection with the same crime/offence and on account of bonafide reason he could not appear before the trial Court, I deem it appropriate to allow this bail application.

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3 (MCRC No.1299 of 2024)

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7. Accordingly, it is directed that the applicant– Ravishankar Harpal be enlarged on bail subject to furnishing a bail bond of a sum of Rs. 25,000/- (Rupees Twenty Five Thousands Only) with one surety in the like amount to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 15.06.2024. He shall thereafter appear before the concerned trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said Court, interval being not less than three months till conclusion of the trial.

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8. Accordingly, the bail application is allowed.

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Ravishankar Harpal v. State of Chhattisgarh

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Ravishankar Harpal v. State of Chhattisgarh

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