High CourtsSingle Bench(2024) 12 CHH CK 1223

Vivek Ahiwar vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 December 2024

HON’BLE JUDGES
Ravindra Kumar Agrawal, J
RESULT
Rejected
CASE NUMBER
MCRC No. 9077 Of 2024

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Judgment

6 paragraphs · 262 words

Ravindra Kumar Agrawal, J

1.

This is second bail application filed by the applicants. The first bail application of the applicants have been dismissed on merits vide order dated 26.06.2024 passed in MCRC No. 3251/2024.

2.

Learned counsel for the applicants would submit that the allegation against the present applicants are that the applicants have activated the SIM card in the name of Sonu Ahirwar by which they have circulated the SIM card to one Mustak Khan and the Mustak Khan given SIM card to other co-accused persons where they made a syndicate and committed alleged offence. Whereas the person to whom the SIM card was issued have not supported the prosecution and have stated that he has not given to any SIM card to Vivek Ahiwar for its activation and denied the activation of the SIM card in his name, therefore, they have filed the present second bail application.

3.

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

4.

Considering the submissions made by learned counsel for the parties, this Court is of the considered opinion that after passing of the order dated 26.06.2024 on merits rejecting the bail application and the applicants, merely examining some of the witnesses before the learned trial Court does not amounts to change in circumstances, therefore, I do not find any good ground to admit the second bail application and the same is hereby dismissed at the motion stage itself.

5.

Considering the length of detention period of the applicants, the learned trial Court has directed to expedite the trial.