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2025 DAILYLAW 54368 (CHH)

GANESH RAM CHOUHAN v. STATE OF CHHATTISGARH

MCRC/8347/2025 · 2025-10-15

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:51648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8347 of 2025 1 - Ganesh Ram Chouhan S/o Kisoon Ram Chouhan Aged About 48 Years R/o Village Kolhenjhariya, Police Station Tumla, District Jashpur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Of Out Post Kotba, Police Station Bagbahar, District Jashpur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Dinesh Yadav, Advocate For Respondent(s)/State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 16/10/2025 1. This is the second bail application of the applicant, who has been arrested on 26-02-2024 in connection with Crime No. 30 of 2024, registered at police station Bagbahar, Out Post Kotba, District Jashpur for the offence under Section 302 of IPC. 2. The first bail application of the applicant has been dismissed as withdrawn after arguing for some time, vide order dated 13-12-2024 passed in MCRC No. 8228 of 2024. 3. Learned counsel for the applicant would submit that, there is no eyewitness to the incident. The deceased has accidentally fallen on the ground and he received injury on his body and ultimately died. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.17 10:22:33 +0530 2 The six witnesses have been examined and none of them have duly supported the prosecution's case. There are material omissions and contradictions in their evidence. The applicant is in jail since 26-02-2024 and final adjudication will take its own time. Therefore, he may be released on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that, after arguing for some time, the first bail application of the applicant has been dismissed as withdrawn. There was no liberty at the time, when the first bail application of the applicant was dismissed. He would further submit that from the document annexed with the bail application, it transpires that six witnesses have been examined before the learned trial Court and the trial is in progress. Therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the documents annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegations as well as the fact that his first bail application has already been dismissed as withdrawn after arguing for some time vide order dated 13-12-2024, I am not inclined to release the applicant on bail and to admit the second bail application. 7. Accordingly, the second bail application is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved