Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:35634
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3722 of 2025 1 - Tamid Khan @ Taimit Khan S/o Late Sahban Khan Aged About 37 Years R/o Ward No. 12 Jhanjhnagar Salhewara Distt.- Khairagarh Chhuikhadan Gandai (C.G.)
... Applicant(s) versus 1 - State of Chhattisgarh Through- P.S. Incharge P.S.- Salhewara, District- Khairagarh Chhuikhadan Gandai (C.G.)
... Non-applicant(s) For Applicant(s) : Mr. Bhupendra Singh, Advocate. For Non-applicant(s) : Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri
Justice Ravindra Kumar Agrawal, J.
Order on Board 23/07/2025
1. This is the second bail application of the applicant. The applicant has been arrested on 21.04.2024 in connection with Crime No. 02/2024, registered at Police Station Salhewara, Dist- Khairagarh Chhuikhadan Gandai for the offence punishable under Section 376(2)(n), 376(3), 294, 323 and 506 of IPC and Section 6 of POCSO Act & Section 3 (I)(XII) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities).
2. This is the second bail application of the applicant, the first bail application of the applicant has been dismissed on merits vide order dated 14.11.2024 passed in MCRC No. 4684/2024.
3.
Learned counsel for the applicant would submit that after rejection of the first bail application of the applicant there is no considerable progress in the trial ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.24 10:37:52 +0530
2 of the case and only five witnesses have been examined till date. From the month of October, 2024 no witnesses were examined. However, recently on 26th of June, 2025 three witnesses have been examined, therefore, there is no possibility of early conclusion of the trial and the applicant may be released on bail.
4. On the other hand, learned counsel for the State opposes and have submitted that on the date when the first bail application of the applicant has been rejected, the victim has already been examined and the trial of the case is in progress and as per the submissions made by learned counsel for the applicant himself five witnesses have already been examined. The witnesses are being turning up on the summons issued to them, therefore, since the first bail application of the applicant has already been rejected on merits, there is no change in circumstance and his bail liable to be rejected.
5. I have heard learned counsel for the parties and perused the material annexed with the petition.
6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material available in the charge- sheet, further considering that the first bail application of the applicant has been rejected on merits vide order dated 14.11.2024. Thereafter, witnesses are being examined and recently on 25.06.2025 three witnesses are examined, it appears that the trial is at advance stage and regularly proceeding, I am not inclined to release the applicant on bail.
7. Consequently the second bail application of the applicant Tamid Khan @ Taimit Khan is rejected.
8. Considering the detention period of the applicant i.e. he is in jail since 21.04.2024, the learned trial Court is directed to expedite the trial of the case. Sd/- (Ravindra Kumar Agrawal)
Judge Alok