1 2025:CGHC:36406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5861 of 2025 1 - Gaggi Bhojwani @ Hitesh Bhojwani S/o Ajay Kumar Bhojwani, Aged About 21 Years R/o House No. 183, Ward No. 36, Jhulelal Nagar, P.S. Basantpur, District Rajnandgaon C.G. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Basantpur, District Rajnandgaon C.G. ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Devershi Thakur, Advocate For Respondent/State : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 28-07-2025 1. This is fourth bail application of the applicant. The first bail application of the applicant has been dismissed as withdrawn on 26-06-2024 passed in MCRC No.3778 of 2024 with liberty to repeat the same after examination of the material witnesses. The second bail application of the applicant has been dismissed on 03-09-2024 passed in MCRC No.6128 of 2024 on the ground that there was no change in circumstances. The third bail application of the applicant was again dismissed vide order dated 09-12-2024 passed in MCRC No.8494 of 2024. The third bail application was dismissed as withdrawn after arguing for some time. Digitally signed by MOHAMMAD AADIL KHAN 2 2. The applicant has been arrested on 23-04-2024 in Crime No.175/2024 registered at P.S. Basantpur, District Rajnandgaon for the offence punishable under Section 354, 354(A)(1)(i), 509 of the IPC and Section 7/8 and 11/12 of POCSO Act. 3. Learned counsel for the applicant would submit that the applicant is in jail since 23-04-2024 and as per Section 479 of BNSS there is a provision that if the accused has served more than one third sentence of the total sentence provided for the alleged offence, he should be released on bail. In the present case, the applicant is in jail since 23-04-2024 and thereby he remained in jail for more than one year and three months. He would further submit that total 16 witnesses are cited in the case and out of which 8 witnesses have been examined and remaining witnesses are not turning up which reflected from the order sheets of the learned trial Court. Therefore, there is every possibility of delay in trial and the applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that out of 16 witnesses 8 witnesses have already been examined and the trial is at advanced stage and the applicant is not completed more than one third of total sentence provided for the said offence and also that his three bail applications have been rejected by this Court, therefore, he 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 facts and circumstances of the case, considering the nature of allegation and the material produced with the present bail application, further considering that earlier three bail applications of the applicant have been rejected and out of 16 witnesses total 8 witnesses have been examined and the trial is at advanced stage, further considering that the applicant has 3 not completed more than one third of out of total sentence provided for the alleged offence, I am not inclined to admit this fourth bail application of the applicant. Accordingly, the fourth bail application of the applicant is rejected. 7. Considering the fact that the applicant is in jail since 23-04-2024 the learned trial Court is directed to expedite the trial of the case. A copy of this order be forwarded to the learned trial Court for its compliance. Sd/- (Ravindra Kumar Agrawal) Judge Aadil