Application for regular bail rejected. The court held that since the previous bail application was rejected on merits and there was no change in circumstances, the applicant should not be released while the trial is pending.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3722 of 2024
----Applicant
Versus
----Respondent
CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY
---------------------------------------------------------------------------------------------------------For Applicant : Mr. Nitansh Kumar Jaiswal, Advocate For State : Mr. Akhilesh Kumar, GA
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
03.06.2024
1. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.120/2023 registered at Police Station Arang, District Raipur (C.G) for the offence under Section 376, 376(3), 354, 342 and 506 of the IPC and Section 4 of the POCSO Act.
2. The earlier bail application of the applicant was rejected on merits vide order dated 26.07.2023 passed in MCRC No.4235/2023.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He would submit that the applicant is in jail since 17.02.2023 and the
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medical opinion has also not supported the case of the prosecution, therefore, considering all these aspects, he may be enlarged on bail.
4. Per contra, learned counsel for the State opposes the bail application and submits that the earlier bail application was rejected on merits and there is no material change in the circumstances of the case, therefore, present is not a fit case to enlarge the applicant on bail.
5. Having considered the submissions of learned counsel for the parties, particularly considering that the earlier bail application was rejected on merits and also considering the statement of the victim, without commenting anything on merits and that the trial is in progress; appreciation of evidence is not required at this juncture, I am not inclined to release the applicant on bail.
6. Accordingly, the bail application is rejected. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously.
Sd/-
(Deepak Kumar Tiwari) Judge
Priyanka
1 issue framed by the court
Whether the applicant is entitled to regular bail in a POCSO and IPC case after previous rejection on merits?
3 provisions across 3 enactments
Deepak Kumar Tandon
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
