Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33225
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5558 of 2025 1 - Ajay Bopache S/o Bharat Bopache Aged About 40 Years R/o Ward No. 04, P.S. Dongargarh, Taluka Dongargarh, District - Rajnandgaon C.G.
... applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bhatapara (City), District- Balodabazar-Bhatapara C.G.
... Respondent(s) For applicant : Mr. Priyank Rathi, Advocate For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 16/07/2025
1. This is the second bail application of the applicant who has been arrested in connection with the Crime No. 306/2024 registered at Police Station- Bhatapara, Dist- Balodabazar- Bhatapara for the offence under Section 377, 506, 34 of IPC and Section 4 & 6 of POCSO Act. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.17 10:51:26 +0530
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2. The first bail application of the applicant has been dismissed on merits vide order dated 26.11.2024 passed in MCRC No. 7626/2024.
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Learned counsel for the applicant would submit that the victim in the present case has been examined as PW/1 and there is material discrepancies in the evidence as well as it is the case of false implication. He would further submit that out of 17 witnesses, only two witnesses have been examined till date and the applicant is in jail since 25.06.2024 and there is delay in conclusion of the trial, therefore, the applicant may be released on bail.
4. On the other hand, learned State counsel opposes the submissions made by learned counsel for the applicant and has submitted that the first bail application of the applicant is dismissed on merits and there is no change in circumstances as the trial of the case is in progress.
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 collected during the investigation, further considering that the first bail application of the applicant has been dismissed on merits and the trial is in progress in which the victim and his father have been examined, I am not inclined to admit the second bail application of the applicant as I do not find any change in circumstances.
7. With the aforesaid observation, the second bail application of the applicant is dismissed at the motion stage.
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8. Considering the fact that the applicant is in jail 25.06.2024, the learned trial court is directed to expedite the trial. Sd/- (Ravindra Kumar Agrawal) Judge sagrika