Bhuneshwar Prasad @ Mithun Gupta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 6815 of 2016 Bhuneshwar Prasad @ Mithun Gupta, S/o Kamlesh Gupta, Aged About 25 Years, R/o Vidyut Nagar, Tifra, Police Station Sirgitti, Civil & Revenue District Bilaspur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station Sirgitti, District Bilaspur Chhattisgarh ---- Respondent 21/10/2016 Shri Manoj Jaiswal, counsel for the applicant. Shri Anil S. Pandey, G.A. for the State.

This is second bail application under Section 439 of Cr.P.C.

The earlier bail application was dismissed on 13/01/2016.

Learned counsel for the applicant submits that some of the witnesses have been examined, therefore this second bail application may be considered.

Perusal of the earlier order would show that the bail application was dismissed on merits. Statement of the witnesses are also not on record and even if statements are recorded, then this court while deciding bail cannot substitute itself to decide trial. Consequently, I do not find any change of circumstances to reconsider this second bail application. Accordingly, the second bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri