Bholu @ Ritesh Goswami Vs State of Chhattisgarh

(Cause-title	taken from Case Information System)
For Applicant	: Mr. A.D. Kuldeep, Advocate.
For State/Non-applicant	: Mr. Santosh Bharat, Panel Lawyer.
Hon'ble	Shri Justice Ravindra Kumar Agrawal Order on Board

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09-06-2025

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1 . This is the second bail application filed before this Court by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 22-05-2024 in connection with Crime No.261/2024, registered at Police Station Tilda-Nevra, District Raipur, Chhattisgarh for the offence under Section 376, 376(3), 506 of the IPC and Section 04 and 06 of POCSO Act.

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2 . Vide order dated 28-11-2024 passed in MCRC No.7549 of 2024 the first bail application of the applicant has been dismissed as withdrawn with liberty to repeat the same after examination of the Head Master of the school.

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3 . The Head Master of the school has been examined on 21-01-2025 and from perusal of the deposition sheet of the Head Master (PW-5), it appears that he

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Digitally signed by MOHAMMAD AADIL KHAN

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2

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has supported the prosecution’s case.

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4 . Learned counsel for the applicant would submit that the applicant is in jail since 22-05-2024. There is no substantial progress in the trial and only five witnesses have examined. The victim has turned hostile and not supported the prosecution’s case. Therefore, he has filed the present second bail application.

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5 . On the other hand, learned counsel for the State opposes and has submitted that while dismissing the first bail application of the applicant on 28-11-2024 the victim has already been examined on 20-09-2024 and despite that the first bail application of the applicant (MCRC No.7549 of 2024) was dismissed by this Court. PW-5, Head Master has been examined on 21-01-2025 and thereafter no document has been filed by the applicant with respect to the progress of trial of the case. Therefore, he is not entitled for bail.

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6 . Considering the submissions made by learned counsel for the parties, considering the nature of allegations and the evidence available in the charge sheet and further considering that the first bail application of the applicant has been dismissed on 28-11-2024 and thereafter some witnesses have been examined, I do not find any change in circumstances and accordingly, the present second bail application filed by the applicant is dismissed at motion stage itself.

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7 . Considering the submission that the applicant is in jail since 22-05-2024, the learned trial Court is expected to expedite the trial of the case.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Aadil

Bholu @ Ritesh Goswami v. State of Chhattisgarh

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Bholu @ Ritesh Goswami v. State of Chhattisgarh

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