Citation : 2025 Latest Caselaw 2103 Chatt
Judgement Date : 24 February, 2025
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application has been dismissed as withdrawn after argument for some time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. 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
Date: 2025.03.04 09:45:49 +0530
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