Vishal Das Mahant v. State Of Chhattisgarh
NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 7364 of 2021 • Vishal Das Mahant S/o Late Sohan Das Mahant aged about 29 Years Occupation - Labour, Presently R/o Village - Bharatpur Krishnapur, Police Station- Kotraroad, Raigarh, District Raigarh (Chhattisgarh) Permanent R/o Village Markadih, Post Kapan, P.S. Janjgir, District Janjgir-Champa (Chhattisgarh) ------Applicant
VERSUS
• State of Chhattisgarh Through Station House Officer, Police Station Kotrarod, District Raigarh, Chhattisgarh. -------Non-applicant For Applicant : Mr. Roop Naik, Advocate For Non-applicant : Mr. Alok Nigam, Govt. Adv. Hon'ble Shri Parth Prateem Sahu, Judge
ORDER
07/12/2021
1. Mr. Roop Naik, learned counsel for applicant submits that this is second bail application, first bail application was dismissed as withdrawn vide order dated 11.12.2020 reserving liberty in favour of applicant to revive the application at appropriate stage. He submits that out of 25 enlisted witnesses 15 witnesses have been examined and from their evidence there is no material connecting applicant in the aforementioned crime.
2. Mr. Alok Nigam, learned State counsel would oppose the submissions made by learned counsel for applicant and would submit that in the post-mortem report, it has been mentioned that the body was found in highly decomposed condition. The doctor was examined as AW-15, deposition sheet of which is available at page 82, wherein, paragraph 4, it is mentioned that deceased suffered injuries over her forehead and without informing the
merg to the concerned police station the body was buried. He also would submit that in paragraph 4 of the evidence of doctor it has come that doctor has stated the body was in highly decomposed condition, there are other evidence also against the applicant of other witnesses.
3. At this stage, learned counsel for applicant seeks permission of this Court to withdraw this bail application. However, he prays that a direction be issued to learned Trial Court to dispose the trial at the earliest.
4. In view of above, application stands dismissed as withdrawn. Considering detention period, trial Court is directed to expedite the trial.
Sd/- (Parth Prateem Sahu) Judge P a w a n