Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 8448 (CHH)

MAHENDRA JAGAT v. STATE OF CHHATTISGARH

MCRC/1485/2025 · 2025-03-04

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1485 of 2025 Mahendra Jagat S/o Banmali Jagat Aged About 24 Years R/o Jatakanhar Police Station Basana District - Mahasamund (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Basana District - Mahasamund (C.G.) ... Respondent For Applicant :Mr. Chandra Kumar, Advocate For respondent/State :Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 04/03/2025 1. This is the third bail application filed by the applicant. The first bail application of the applicant was rejected vide order dated 19.04.2023 passed in MCRC No.415 of 2023 and liberty was given to the applicant to revive his prayer for bail at a later stage. 2. The second bail application of the applicant was decided on 24.06.2024 passed in MCRC No. 3336 of 2024. When the second bail application of the applicant was decided on 24.06.2024, it was observed that the applicant is in jail since 26.09.2022 and till date only three witnesses have been examined out of 15 witnesses. Considering the order dated 19.04.2023 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.03.07 19:32:46 +0530 2 passed in MCRC No. 415 of 2023 that the first bail application of the applicant was rejected after considering the statement of the victim, this Court has dismissed the second bail application of the applicant. However, trial Court was directed to expedite the trial of the case and conclude the same within the further period of six months from the next date fixed for hearing before the learned trial Court. 3. The order sheets of the trial Court has annexed with the present bail application as annexure A-5 and from perusal of the order sheets Annexure- 5, it transpires that the order dated 24.06.2024 passed in MCRC No. 3336 of 2024 has not been produced by either of the parties before the learned trial Court and they have not apprised that an order to conclude the trial within 6 months has been passed by this Court. 4. In the present bail application, on 21.02.2025 a report was called from the trial court about the status of the trial which has been submitted by the learned trial Court on 04.03.2025 itself. As per the report, only three witnesses have been examined till date out of 15 witnesses. 5. It reflects that there is no substantial progress in the trial of the case since 24.6.2024. When the second bail application of the applicant was decided on 24.06.2024 on that day itself, it has been observed that only three witnesses have been examined out of 15 witnesses and the same is the present position also which reflect from the report dated 04.03.2025 sent by the learned trial court. It also reflects from the report dated 04.03.2025 that the next date fixed before the learned trial court is 24.04.2025. 6. Although, the applicant is in jail since 24.09.2022 but considering the fact that the first bail application of the applicant is dismissed, in view of the statement of the victim and his second bail application has also been dismissed, considering the no change in circumstances, I am not inclined to 3 release the applicant on bail. Therefore, his third bail application is dismissed. 7. However, the learned trial Court is directed to expedite the proceeding of the trial of the case and conclude the same within four months from the next date fixed before it. A copy of this order be forwarded to the learned trial Court for necessary action and compliance. 8. The State is also directed to produce their witnesses and to take necessary steps to serve the summons for recording of the evidence of their witnesses. 9. A copy of this order be also forwarded to the State counsel and concerned Superintendent of Police for its compliance. Sd/- (Ravindra Kumar Agrawal) JUDGE Vaibhav