1 2025:CGHC:45258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7060 of 2025 1 - Anil Khute Son of Late Gangaram Khute, Aged About 22 Years Resident of Village Ankharabhantha Tukda, P.S. Basna, District Mahasamund Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh. ... Respondent/Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For State/Respondent : Ms. Smita Jha, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 04-09-2025 1. This is the second bail application filed before this Court by the applicant. His first bail application has been dismissed as withdrawn with liberty to repeat the same after examination of material witnesses, vide order dated 02-05- 2025 passed in MCRC No.2220 of 2025. The applicant is in jail since 21-12- 2024 in connection with Crime No.377/2024, registered at Police Station Basna, District Mahasamund Chhattisgarh for the offence under Section 137(2), 87, 65(1), 64(2)M and 3(5) of B.N.S. and Section 04, 06 of Protection of Children from Sexual Offences Act, 2012. 2. Learned counsel for the applicant would submit that after withdrawal the first bail application from this Court, the victim has been examined as PW-2 and her mother has also been examined as PW-3 and they have not supported the prosecution’s case and thereby the material witnesses have been Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.06 18:16:18 +0530 2 examined and the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State would submit that other material witnesses are yet to be examined who are the doctor and the school teacher who can prove the age of the victim, therefore, no relief can be granted to the applicant in the present bail application. 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, considering the nature of the allegation as also the material annexed with the bail application, further considering that during rejection of the first bail application liberty was granted to repeat the same after examination of material witnesses, however there are other witnesses like the doctor and the school teacher who are yet to be examined to prove the medical report of the victim as well as the age of the victim and they are also material witnesses in the case, I do not find any change in circumstances to admit this second bail application of the applicant. Accordingly, the present second bail application filed by the applicant is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil