1 2025:CGHC:37632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4870 of 2025 1 - Rajesh Kumar Choubdar S/o Udaybhan Singh Coubdar Aged About 20 Years R/o Village Mahwa, Mandva Road, Peelikothi, P.S. Mahwa, District Dausa, Rajasthan. ... Applicant versus 1 - State of Chhattisgarh Through Police Station Tikarapara, District Raipur, Chhattisgarh. 2 - XYZ (Prosecutrix) ... Respondents (Cause-title taken from Case Information System) For Applicant : Mr. Aseem Bhagwat Gopal, Advocate. For State : Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 31-07-2025 1. This is the second bail application filed before this Court by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 22-03-2024 in connection with Crime No.189/2024, registered at Police Station Tikarapara, Raipur District Raipur, Chhattisgarh for the offence under Sections 376, 376(2)(n) of the IPC and Section 6 of POCSO Act. 2. The first bail application of the applicant has been dismissed on 19-12-2024 in MCRC No.7890/2024 whereby the first bail application of the applicant was dismissed as withdrawn with liberty to repeat the same, if the trial of the case Digitally signed by MOHAMMAD AADIL KHAN 2 will not substantially progressed by the lapse of time. 3. Learned counsel for the applicant would submit that only three witnesses have been examined till date and the witnesses are not turning up despite issuance of summons to them, therefore, there is considerable delay in trial of the case and the applicant who is in jail since 22-03-2024 may be released on bail. 4. On the other hand, learned counsel for the State opposes. 5. I have heard learned counsel for the parties and perused the documents annexed with the bail application. 6. From perusal of the order sheets of the trial Court annexed with the bail application, it transpires that on 28-09-2024 the victim has been examined as PW-1 and thereafter, her father has been examined on 21-04-2025. Thereafter, on 30-05-2025 also another witness has been examined, therefore, it cannot be said that the witnesses are not turning up particularly where regularly summons have been issued to the witnesses, at this stage, I am not inclined to consider the same to be change in circumstances and that there is possibility of delay in conclusion of trial, accordingly, this second bail application of the applicant is dismissed. 7. Considering that the applicant is in jail since 22-03-2024, the learned trial Court is directed to make all its endeavour to conclude the trial as early as possible. A copy of this order be forwarded to the learned trial Court for its compliance and also to the Superintendent of Police, Raipur (C.G.) to produce their witnesses on the date fixed for recording of their evidence. Sd/- (Ravindra Kumar Agrawal) Judge Aadil