Ravi Kumar v. State Of Chhattisgarh
NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 9471 of 2021 • Ravi Kumar S/o Amar Das Mohle aged about 22 Years R/o Bastipara, Dashrangpur, Police Station Jarhagaon, District Mungeli Chhattisgarh.
------Applicant
VERSUS
• State of Chhattisgarh Through SHO, Police Station Kunda, District Kabirdham, Chhattisgarh -------Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate For Non-applicant : Mr. Chitendra Singh, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER
01/12/2021
1. This is Second Bail Application, First Bail application filed by applicant was dismissed on merits vide order dated 25.06.2021.
2. Learned counsel for applicant submits that after rejection of first bail application, prosecutrix was cross examined before the Trial Court. Cross examination of prosecutrix was recorded on 22.09.2021, wherein, prosecutrix has not levelled any allegations against applicant and turned hostile, hence, he may be enlarged on bail.
3. On the other side, learned State counsel would oppose the submissions made by learned counsel for applicant and would submit that in paragraph 5 of the deposition, prosecutrix has levelled allegations against applicant. On the date of incident, prosecutrix was a minor girl, hence, applicant is not entitled for grant of bail.
4. I have heard learned counsel for respective parties.
5. Taking into consideration, the nature of allegation, facts and circumstances of the case, first bail application was dismissed on merits and also paragraph 5 of Deposition of prosecutrix, I do not find it a fit case to admit this second bail application.
6. Accordingly, this second bail application stands rejected.
7. At this stage, learned counsel for applicant prays that looking to the detention period of applicant, a direction be issued to learned Trial Court to conclude the trial at the earliest.
8. In view of submission made by learned counsel for applicant, Trial court is directed to expedite the trial. Sd/- (Parth Prateem Sahu) Judge P a w a n