Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34485
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5697 of 2025 1 - Ajay Das S/o Shri Hemsagar Das Aged About 24 Years R/o Village Telipali, Post Dwari, Police Station Aamabhona, District Bargarh (Orrisa)
... Applicant versus 1 - State of Chhattisgarh Through Police Station Chandrapur, District Sakti (C.G.)
... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Anumeh Shrivastava, Advocate (through virtual mode). For State : Mr. Khulesh Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 21-07-2025
1. This is second bail application of the applicant. The first bail application of the applicant has been dismissed on merits vide order dated 12-11- 2024 passed in MCRC No.6900 of 2024.
2. The applicant is claiming his regular bail who has been arrested on 16- 05-2024 in connection with Crime No.80/2024 registered at P.S. Chandrapur, District Sakti for the offence punishable under Section 363, 366, 376, 34 of the IPC and Section 4 of POCSO Act.
3.
Learned counsel for the applicant would submit that at the time when the first bail application of the applicant was rejected the author of the Digitally signed by MOHAMMAD AADIL KHAN
2 school register was not examined and now the author of the school register has been examined as PW-16. From the evidence of the author of the school register it clearly appears that the victim was major girl and from the other evidences it clearly appears that she was a consenting party. Total 29 witnesses have been cited by the prosecution and out of which only 16 have been examined till date and the trial of the case is not in considerable progress, the applicant is in jail since 16-05-2024, therefore, he may be released on bail.
4. On the other hand, learned counsel for the State opposes and has submitted that total 16 witnesses have been examined out of 29 witnesses and the trial is at advanced stage. The first bail application of the applicant is dismissed on merits and therefore, in view of the facts and circumstances of the case the applicant is not entitled for bail.
5. I have heard learned counsel for the parties and perused the material annexed with the bail application.
6. Considering the submissions made by learned counsel for the parties, further considering that the first bail application of the applicant has been dismissed on merits, out of 29 witnesses 16 witnesses have already been examined till 22-05-2025 and the trial is in its advanced stage, I am not inclined to admit the second bail application of the applicant. Accordingly, the second bail application of the applicant is dismissed at the motion stage. Sd/- (Ravindra Kumar Agrawal) Judge Aadil