1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2064of 2025 Laxman Das Mahant, S/o Shri Kushwa Das Mahant Aged About 23 Years R/o Village Domnara, Chowki – Jobi Thana – Kharsiya, District Raigarh (C.G.) ...Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Kharsiya District - Raigarh (C.G.) ... Respondent For Applicant : Mr. Amit Sharma, Advocate For respondent/State : Mr. Jitendra Shrivastava, G.A. along with Ms. Isha Jajodia, P.L. for the State. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17/03/2025 1. This is the second bail application filed by the applicant. The first bail application of the applicant has been dismissed as withdrawn on 14.11.2024, which was passed in MCRC No.5606 of 2024. 2. Learned counsel for the applicant would submit that the applicant is in jail since 22.05.2024 till date only 5 witnesses have been examined VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.03.21 10:59:09 +0530 2 out of total 26 witnesses and on various dates of hearing, the witnesses are not turning up for their evidence and the trial is not in progress. Therefore, he has filed the second bail application. 3. On the other hand, learned counsel for the State opposes. 4. From perusal of the order-sheets of the learned trial Court (Annexure A-4) it reflects that on 16.10.2024 the summons of Dr. Kiran Chauhan which was served upon her and when she could not appear for recording of her evidence a bailable warrant was issued on 06.11.2024 thereafter on 07.11.2024, 20.11.2024, 02.12.2024, 19.12.2024, 08.01.2025 and 23.01.2025, the bailable warrant issued to Dr. Kiran Chauhan could not be served, it is very difficult to accept that a government employee could not be served by the bailable warrant by the prosecution and for her evidence the proceeding of the case was adjourned repeatedly and the applicant is in jail since 22.05.2024. It is also stated that out of 26 witnesses only 5 witnesses have been examined till date. 5. Though, I do not found any ground to consider the change in circumstance in the case, however, considering the fact that the witnesses are not turning up and the prosecution could not even serve the bailable warrant to Dr. Kiran Chauhan and summons to other witnesses, the learned trial Court is directed to expedite the trial and take appropriate steps to secure the presence of the witnesses. 6. A copy of this order be also forwarded to the Superintendent of Police, Raigarh through the State counsel, who shall also secure the presence of the witnesses on the dates given by the learned trial 3 Court for recording of the evidence of the witnesses. It is further stated that next date fixed before the learned trial Court is 21.03.2025 and 22.03.2025, it is expected from the prosecution agency to produce their evidence on the said date and the delay may not be caused for their non-appearance. 7. With this aforesaid observation the second bail application of the applicant is dismissed. Sd/- (Ravindra Kumar Agrawal) JUDGE Vaibhav