Vidyasagar Mahant v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 1585 of 2016 • Vidyasagar Mahant S/o Late Ghasiyadas Aged About 25 Years R/o Bankimongra 2 Number, P.S. Bankimongra, Civil & Revenue District Korba Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station Bankimongra, District Korba Chhattisgarh --- Respondent No 11.04.2016 Mr. N.K. Chatterjee, counsel for the Petitioner. State by Mr. Anupam Dubey, Panel Lawyer.

This is second bail petition. The first bail petition was dismissed on 22.12.2015 on merits. As per the prosecution, a report was made by one Santosh Kumar, father of the minor girl that his daughter was missing, therefore, the girl was recovered from Ahmadabad on 21.07.2015 and on enquiry, it was found that on the pretext of marriage, the applicant enticed the minor girl and took her to Bewla, Ahmadabad and she was sexually exploited.

Learned counsel for the applicant submits that for some or the other reason, the evidence is not being recorded and therefore the applicant is inside the jail for fault of prosecution.

On being specifically asked whether the prosecutrix has been examined, it has been fairly submitted that she has not been examined till date.

Taking into fact that earlier petition was dismissed on merits as also the fact that the prosecutrix is still to be examined and as there is no change of circumstances which appear to have been existing in this case after rejection of the earlier bail application, I am not inclined to allow this bail application.

Accordingly this second bail application was rejected.

Sd/- GOUTAM BHADURI JUDGE R a o