High Court Of ChhattisgarhMCRC/9848/2021dismissed

Paras Yadav v. State Of Chhattisgarh

2021-12-13Hon'Ble Shri Justice Parth Prateem Sahu2 pages

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 9848 of 2021 • Paras Yadav S/o Ramlochan Yadav aged about 31 Years R/o Village- Lagru P.S. and Tehsil Batauli, District- Surguja, Chhattisgarh ------Applicant

VERSUS

• State of Chhattisgarh Through The Station House Officer Police Station Batauli, District- Surguja (Chhattisgarh) -------Non-applicant For Applicant : Mr. Harshwardhan Parganiha, Advocate For Non-applicant : Mr. Vimlesh Bajpai, Govt. Adv. Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER

13/12/2021

1. Learned counsel for applicant submits that this is Second bail application under Section 439 of CrPC. First bail application filed by applicant for grant of bail was dismissed on merits vide order dated 09.11.2020. Learned counsel submits that the material witnesses have been examined by the trial Court and there are contradictions and omissions in their evidence, hence, applicant may be enlarged on bail.

2. Mr. Vimlesh Bajpai, learned State counsel submits that there are 14 enlisted witnesses out of which 9 witnesses have been examined till the month of October 2021, evidence of witness is not to be appreciated in this application under Section 439 of CrPC, hence, applicant is not entitled for grant of bail when first bail application was considered and dismissed on merits by impugned order itself.

3. At this stage, learned counsel for applicant submits that only 4

witnesses are remaining to be examined by trial Court and prays that a direction be issued to trial Court to conclude the trial within specific time period.

4. Considering that the first bail application filed by applicant was dismissed on merits and further considering the evidence of Suraj Yadav and Ramkumar Yadav, I am not inclined to entertain this second bail application.

5. In view of above, application is dismissed. Trial Court is directed to decide the criminal case expeditiously preferably within a period of 2 months from the date of production of certified copy of this order.

Sd/- (Parth Prateem Sahu) Judge P a w a n