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2025 DAILYLAW 14162 (CHH)

TIKESHWAR DAHARIYA @ KHILESHWAR DAHARIYA v. STATE OF CHHATTISGARH

MCRC/2665/2025 · 2025-04-28

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2665 of 2025 1 - Tikeshwar Dahariya @ Khileshwar Dahariya S/o Pradeep Kumar Dahariya Aged About 19 Years R/o Neora, Police Station- Tilda-Neora, District- Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station- Tilda- Neora, District- Raipur (C.G.) ... Non-applicant(s) For Applicant(s) : Ms. Maya Chaturvijani, Advocate. For Non-applicant(s) : Mr. Neeraj Kumar Sharma, Dy. A. G. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 28/04/2025 1. This is the third bail application of the applicant. The first bail application of the applicant has been dismissed as withdrawn on 28.11.2024 passed in MCRC No. 7527 of 2024. While dismissing the first bail application as withdrawn, a liberty was granted to the applicant to revive the prayer for bail after examination of the Headmaster of the school. 2. The applicant had preferred his second bail application vide MCRC No. 284/2025 and on 12.02.2025 the second bail application filed by the applicant has again withdrawn with liberty to revive the same after 2 examination of father and grandmother of the victim, thereafter, the present third bail application has been filed. 3. In the present third bail application, the applicant has filed the copies of the deposition sheet of PW-1 who is the victim, PW-2 is the mother of the victim, PW-3 doctor who conducted the medical examination of the victim and PW-4 Headmaster of the school and PW-5, who is the Sub Inspector of the Police. 4. Learned counsel for the applicant would submit that the applicant is in jail since 21.06.2024 and the trial of the case would not considerably in progress. The teacher of the school has been examined and as per the liberty granted on 28.11.2024, the applicant has moved the third bail application. 5. On the other hand, leaned counsel for the State opposes. 6. I have heard learned counsel for the parties and perused the material annexed with the bail application. 7. From persual of the order dated 12.02.2025 passed in MCRC No. 284/2025 a copy of which is annexed at page no. 9 of the present petition, it appears that on 12.02.2025 liberty was granted to the applicant to revive the same after examination of father and grandmother of the victim. When this Court has specifically put a query to the learned counsel for the applicant as to whether the father and grandmother of the victim has been examined or not she is not in a position to state as to whether they have been examined or not. No documents to that effect has also been annexed with the petition. 8. In view of the above, I do not find any change in circumstances and the third bail application of the applicant is liable to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.28 19:51:50 +0530