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2025 DAILYLAW 46200 (CHH)

SUSHIL TOPPO v. STATE OF CHHATTISGARH

MCRC/9133/2024 · 2025-01-06

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9133 of 2024 1 - Sushil Toppo S/o Devdar Toppo Aged About 24 Years R/o Mudapara, Police Station Pathalgaon, District Jashpur (Chhattisgarh) ... applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station- Kapu, District- Raigarh, Chhattisgarh ... Respondent For applicant : Mr. Prabhat Kumar Saxena, Advocate For Respondent : Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 06.01.2025. 1. This is the third bail application of the applicant. The first bail application of the applicant has been dismissed as withdrawn on 12/06/2024 passed in MCRC No. 3424/2024 after arguing for some time. While dismissing the first bail application as withdrawn, the learned trial Court was directed to expedite the trial and to conclude the same as early as possible, thereafter on 11/11/2024, the second bail application of the applicant has also been dismissed considering that examination of the prosecutrix does 2 not amounts to change in circumstances. Thereafter, the present third bail application has been filed by the applicant. 2. Learned counsel for the applicant would submit that the victim has been examined before the learned trial Court and she has not supported the prosecution’s case. The applicant is in jail since 25/10/2023 and only five witnesses have been examined till date, therefore, he may be enlarged on bail. 3. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the applicant. 4. Considering the submissions made by learned counsel for the parties, considering that the first bail application has been dismissed as withdrawn after arguing for some time vide order dated 12/06/2024 and on that day the learned trial Court was directed to expedite the trial, further on 11/11/2024, while considering the second bail application of the applicant it has already been observed that mere examination of the victim does not amounts of change in the circumstances and therefore, I do not find any change in circumstances at present, the trial of the case in progress and therefore, I am not inclined to admit the third bail application of the applicant. The present third bail application of the applicant is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika