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2025 DAILYLAW 9217 (CHH)

TULESHWAR YADAV v. STATE OF CHHATTISGARH

MCRC/1441/2025 · 2025-02-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:9446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1441 of 2025 1 - Tuleshwar Yadav S/o Narmada Yadav Aged About 24 Years R/o Village- Samnapur, Police Station And Tahsil- Kawardha, District Kabirdham, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through District Magistrate, Kawardha, District Kabirdham, Chhattisgarh (Prosecution) ... Non-applicant For Applicant : Mr. Syed Afaque Hussain, Advocate For Res/State : Mr. Aatanu Ghosh, Deputy Government Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal Judgment on Board 24.02.2025 1. This is the second bail application of the applicant. Vide order dated 29.11.2024, passed by this Court in MCRC No. 7761 of 2024, the first bail application has been dismissed as withdrawn after argument for some time and a liberty was also granted to the applicant while dismissing the said bail application that he may revive his prayer for grant of bail after examination of the material witnesses. 2 2. Learned counsel for the applicant would submit that on 17.12.2024, the father of the victim has been examined as PW01 and the victim has been examined as PW02 and they are material witnesses in the case, therefore, he filed this second bail application. 3. On the other hand, learned State counsel opposes the bail application and submitted that the school teacher who is required to prove the school record with respect to the age and date of birth of the victim and also the doctor who medically examined the victim are also to be material witnesses and they are yet to be examined, therefore, the applicant may not be released on bail at this stage. 4. Considering the submission made by the learned counsel for the parties particularly considering the fact that some of the material witnesses are yet to be examined, I do not find any good ground to admit this second bail application of the applicant. 5. Accordingly, the present second bail application of the applicant is dismissed at the motion hearing stage. Sd/-Sd/- (Ravindra Kumar Agrawal) Judge amita Digitally signed by AMITA DUBEY Date: 2025.03.04 09:45:49 +0530