Dismissed¶¶20

Ganesh Ram Dahariya v. State of Chhattisgarh

Bail – Second bail application

Chhattisgarh HC15 Jan 2025MCRC/414/2025

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What is this about?

Chhattisgarh High Court, Bilaspur — MCRC No. 414 of 2025 (judgment dated 16.01.2025, Justice Ravindra Kumar Agrawal) — second regular bail application under Section 307 IPC (Crime No. 181/2024, PS Masturi) by a 67-year-old applicant in custody since 11.04.2024; first bail application rejected 26.06.2024 in MCRC No. 3988 of 2024; dismissed at motion hearing stage for want of change in circumstances, with direction to the trial Court to expedite the trial. Keywords: second bail application, Section 307 IPC, no change in circumstance, expeditious trial, elderly undertrial.

What did the court decide?

Bail refused; trial Court directed to expedite the trial in view of the applicant's detention period and old age. ¶¶20

Ganesh Ram Dahariya Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

2025:CGHC:2966

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 414 of 2025

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1 - Ganesh Ram Dahariya S/o Ghasiram Dahariya Aged About 67 Years R/o Kosamdih Police Station Masturi District- Bilaspur (C.G.).

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... Applicant

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versus

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1 - State Of Chhattisgarh Through Police Station- Masturi District- Bilaspur (C.G.).

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... Non-applicant For applicant : Mr. Awadh Tripathi, Advocate For State : Mr. Isha Jajodia, Panel Lawyer

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Hon’ble Shri Justice Ravindra Kumar Agrawal

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Judgment on Board

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16.01.2025

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1. This is the second bail application of the applicant, for grant of bail to the applicant who is in jail since 11.04.2024, in connection with Crime No. 181/2024 registered at Police Station Masturi, District Bilaspur for the offence punishable under Section 307 of IPC. The first bail application of the applicant was rejected by this Court vide order dated 26.06.2024, passed in MCRC No. 3988 of 2024.

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2. Learned counsel for the applicant would submit that till date only two witnesses have been examined and other witnesses are not turning up for recording of their evidence, therefore, delay is caused in the trial of the case. He would also submit that the applicant is in jail since 11.04.2024. He would

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further submit that applicant is presently aged about 67 years and there is a dispute between the two brothers, therefore, he may be enlarge on bail.

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3. On the other hand, learned State counsel opposes the bail application.

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4. Considering the submission made by the parties particularly considering the fact that first bail application of the applicant has been dismissed on 26.06.2024 and two witnesses have been examined on 12.12.2024, I do not find any change in circumstance and to admit this second bail application.

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5. Accordingly, the present second bail application of the applicant is dismissed at the motion hearing stage. However, considering the detention period of the applicant and also considering the old age of the applicant, the learned trial Court is directed to expedite the trial.

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Sd/(Ravindra Kumar Agrawal) Judge

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amita

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Digitally signed by AMITA DUBEY Date: 2025.01.21 12:24:33 +0530

Ganesh Ram Dahariya v. State of Chhattisgarh

Case brief

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Ganesh Ram Dahariya v. State of Chhattisgarh

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