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2025:CGHC:10967
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 454 of 2025 Suresh Singh S/o Ramsevak Aged About 45 Years R/o Jabar, P/s Balrampur, Distt.- Balrampur-Ramanujganj (C.G.). ... Appellant
versus State Of Chhattisgarh Through Police Station Anusuchit Jati Kalyan Thana (Ajak)- Balrampur, Distt.- Balrampur-Ramanujganj (C.G.).
... Respondent(s) For Appellant : Mr. Rahul Mishra, Advocate. For Respondent/State : Mr. R.C.S. Deo, P.L. Hon’ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 05.03.2025
1. This is an appeal under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the impugned
order dated 08.01.2025, passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities, Act) Balrampur- Ramanujganj (C.G.) in Special Sessions Case (Atrocities) No.20 of 2024, whereby the second regular bail application of the appellant has been dismissed. Earlier the first bail application of the appellant was dismissed by the learned trial Court on 14.08.2024 which was challenged by him by filing the Criminal Appeal No.1580 of 2024, which was dismissed vide order dated 11.11.2024 on merits.
2. The present appeal has been filed in the form of second bail application of the appellant who has been arrested in Crime No. 04/2024 registered at
2 / 2 Police Station Anusuchit Jati Kalyan Thana, (AJAK)- Balrampur, District Balrampur-Ramanujganj (C.G.) for the offence under Sections 75(1)(4), 79, 296 of BNS and Section 3(1)(द), 3(1)(ध), 3(1)(W)(ii), 3(2)(va) of SC/ST Act.
3. Learned counsel for the appellant would submit that the maximum sentence provided for the alleged offence is of 3 years and the appellant is in jail since 09.08.2024 and thereby he has already remained in jail for about 7 months. Out of 13 witnesses 6 witnesses have been examined and final adjudication of the case is taking its own time. Therefore, he has filed the second bail application.
4. On the other hand learned counsel for the State opposes and have submitted that the trial of the case is in progress and the appellant is having a criminal antecedent also of the same nature of offence. Therefore, he is not entitled for bail.
5. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering that the first bail application of the appellant has been dismissed by this Court on merits vide order dated 11.11.2024 passed in Criminal Appeal No.1580 of 2024, the trial of the case is in progress and he is having a criminal antecedent of similar offence, I do not found any good ground to admit the second bail application as there is no change in circumstances.
6. The present appeal in the form of second bail application is dismissed at the motion stage itself.
Sd/- (Ravindra Kumar Agrawal) Judge
Vaibhav/Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.22 18:36:11 +0530