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2025 DAILYLAW 35503 (CHH)

TULESHWAR YADAV v. STATE OF CHHATTISGARH

MCRC/6100/2025 · 2025-08-03

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6100 of 2025 1 - Tuleshwar Yadav S/o Narmada Yadav Aged About 24 Years R/o Village- Samnapur, Police Station & Tehsil- Kawardha, District- Kabirdham, Chhattisgarh. ... Applicant Versus 1 - State of Chhattisgarh Through P.S. Bodla, Kawardha, District- Kabirdham, Chhattisgarh. ... Respondent(s) For Applicant : Shri Nikhil Parakh, Advocate. For Respondent : Ms. Smita Jha, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 04.08.2025 1. This is third bail application seeking grant of bail to the Applicant who is in jail since 21.09.2024 in connection with Crime No.206/2024 registered at Police Station Bodla, District Kabirdham for the offence punishable under Section 137(2), 74, 351(2) of BNS, 2023 and Section 8 of POCSO Act. 2. The first bail application of the applicant was dismissed as withdrawn on 29.11.2024 in MCRC No.7761 of 2024 with liberty to repeat the same after examination of material witnesses. The second bail application also got dismissed on 24.02.2025 in MCRC No.1441 of 2025 holding that School Teacher who is required to prove the school record with respect to age & date of birth of victim as also the Doctor 2 who medically examined the victim, both the material witnesses have not been examined and as such there is no change in circumstances. 3. Learned Counsel for the applicant would submit that the applicant is in jail since 21.09.2024. The school Teacher and Doctor both have not been examined till date. They are not material witnesses as the age of victim is based on documentary evidence. Total 12 witnesses are cited out of which only 4 witnesses have been examined till now and as such there is delay in trial and therefore the applicant may be enlarged on bail. 4. On the other hand the counsel for the State opposes the bail application on the ground that trial is in progress. The School Teacher and Doctor both are material witnesses. Second bail application was dismissed on the same ground of they being not examined. 5. Considering the submissions made by the counsel for the parties, considering the fact that School Teacher and Doctor are yet to be examined; the second bail application was dismissed on the ground of they being not examined and further considering the fact that trial of the case is in progress and 4 witnesses have already been examined out of 12 cited witnesses, I do not find any good ground to admit this third bail application and to release the applicant on bail. 6. Accordingly, the third bail application also stands dismissed at motion stage. However, considering the fact that applicant is in jail since 21.09.2024, the trial court is directed to expedite the trial. Sd/- (Ravindra Kumar Agrawal) Judge inder