Bodh Tiwari v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1558 of 2016 Bodh Tiwari S/o Udaybhan Tiwari Aged About 40 Years R/o Vilage Nareshpur, Police Station & Tahsil Surajpur, District Surajpur, Civil & Revenue District Surajpur, Chhattisgarh.

---- Petitioner

Versus

The State Of Chhattisgarh Through Station House Officer Police Station Surajpur, District Surajpur, Chhattisgarh.

---- Respondent Shri A.K.Prasad, counsel for the applicant/s. Shri Satish Gupta, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/03/2016 This is fourth application for grant of bail. Earlier applications were dismissed as withdrawn.

2.

Learned counsel for the applicant submits that the two stated eye witnesses and victims of alleged dacoity (Shabbir Ansari and Mustaffa Ansari), are not turned up as they are not traceable. He submits that the appellant is in jail since 15/07/2014 and the trial is not likely to be concluded early. 3.

Learned State counsel opposes bail application and submits that this Court had granted liberty to the applicant on the ground of delay in examination of material witnesses including the aforesaid witnesses. Though one of the witnesses is examined, two are yet to be examined and the applicant is repeating his bail application frequently.

4.

Considering the submission of learned counsel for the parties, I am not inclined to grant bail to the applicant at this stage. The application is accordingly rejected. However, if the two material witnesses are not examined within four months, the applicant would be at liberty to revive bail application. Sd/- (Manindra Mohan Shrivastava) Judge Deepti