Citation : 2025 Latest Caselaw 1254 Chatt
Judgement Date : 16 January, 2025
1
2025:CGHC:2965
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 407 of 2025
1 - Rajeev Kumar Ambasth S/o Late Ganesh Prasad Ambasth Aged About 46
Years Caste Kayastha Occupation - Lecturer (L.B.) (Government Teacher), R/o
Village Kaliba, Police Station Narayanpur, District : Jashpur, Chhattisgarh
...applicant
versus
1 - State Of Chhattisgarh Through Police Station Kunkuri, District : Jashpur,
Chhattisgarh
... Non-applicant
For applicant : Mr. Anand Shukla and Mr. Parth Shrivastava,
Advocates
For State : Mr. Atnu Ghosh, Deputy Government Advocate
Hon'ble Shri Justice Ravindra Kumar Agrawal
Judgment on Board
16.01.2025
1.
This is the second bail application of the applicants, this Court vide order
dated 28.06.2024, passed in MCRC No. 3762 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application has been dismissed as withdrawn after argument for some time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 from the ordersheet
dated 13.12.2024 it reflects that 20 witnesses have been examined and only
four witnesses yet to be examined. He would further submit that he has filed
a covering memo wherein it reflects that upto 02.01.2025, 24 witnesses
have already been examined and only Investigation Officer is to be examined
who is not turning up for recording of his statement before the learned trial
Court therefore, looking to the detention period of the applicant he has filed
this second bail application.
3. On the other hand, learned State counsel opposes the bail application.
4. Considering the submission made by the parties particularly considering the
fact that only Investigating Officer is yet to be examined which reflects from
the ordersheet dated 13.12.2024, I am not inclined to admit this second bail
application of the applicant.
5. Accordingly, the present second bail application of the applicants is
dismissed at the motion hearing stage. However, considering the detention
period of the applicant, the learned trial Court is directed to expedite the trial
and made all endeavour to conclude the trial of the case after examining the
Investigating Officer, as early as possible.
Sd/-
(Ravindra Kumar Agrawal) Judge
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