High Court at Bilaspur rejected the applicant's second bail application under Section 439 CrPC in a rape case, finding no new grounds as the first application had already been dismissed on merit while directing the trial court to expedite the trial.
Second bail application rejected; trial court directed to expedite trial.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 6418 of 2015
Purshottam Kachlame aged about 43 years S/o Braj Lal Kachlame Cast Mahar R/o Village Bodal Police Station Ambagarh Chowki Tahsil Mohla District Rajnandgaon (CG) Civil and Revenue District Rajnandgaon (CG)
---Applicant
Versus
State of Chhattisgarh through Station House Officer Ambagarh Chowki Tahsil Mohla District Rajnandgaon Civil and Revenue District Rajnandgaon (CG)
---Non-applicant
For Applicant : Mr. Ratnesh Kumar Agrawal, Advocate For Non-applicant : Mr. Dilmanrati Minj, Dy. Govt. Advocate
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
17/11/2015
1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.88/15, registered at Police Station Ambagarh Chowki District Rajnandgaon (C.G.), for the offence punishable under Section 376 of I.P.C.
2. The applicant's first bail application was dismissed on merit vide order dated 12/05/2015 in M.Cr.C. No. 1935/2015.
3. Having heard learned counsel appearing for the parties and having regard to the facts and circumstances of the case, I do not find any new or good ground/change in circumstances to entertain this second bail application; therefore, this second bail application is rejected. However, the trial Court is directed to expedite the trial.
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4. Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) JUDGE
Tiwari
2 issues framed by the court
Whether the applicant is entitled to regular bail on second bail application in a case involving rape.
Whether new grounds or change in circumstances exist to entertain the second bail application.
2 provisions across 2 enactments
Purshottam Kachlame
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
