Shailendra Kumar Verma v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2701 of 2019 • Shailendra Kumar Verma S/o Shri Ram Kumar Verma Aged About 26 Years R/o Village Pety, Khairagarh, Police Station Jalbandha, District Rajnandgaon Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through The District Magistrate Durg, District Durg Chhattisgarh ---- Respondent For Applicant :
Shri B.P. Singh, Advocate For Respondent/State :
Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/05/2019
1. This is the Third Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 06.06.2017 in connection with Crime No.218/2017 registered at Police Station Mohan Nagar, Durg, District Durg (CG) for the offence punishable under Sections 306, 376 & 109 IPC.
2. The first bail application bearing M.CR.C. No.6241 of 2017 was dismissed on 27.11.2017 and the Second bail application bearing M.Cr.C. No. 2978 of 2018 was dismissed on 19.06.2018.
3. As per the prosecution case, on 08.05.2017 one Jyoti Verma committed suicide
by hanging. It is alleged that the present applicant has committed forceful sexual intercourse with her and also made certain clippings of that and thereafter the deceased was deceived, consequently she committed suicide.
4. Learned counsel for the applicant submits that the applicant is in jail since 06.06.2017 and out of 21 witnesses only 7 witnesses have been examined, therefore, the applicant may be released on bail.
5. Per contra, learned State counsel opposes the prayer for grant of bail.
6. Perusal of the earlier rejection order shows that the application was dismissed on merits and the rejection order would show that during Panchnama immediately after the incident, suicide note was recovered, which discloses the incident wherein allegations have been attributed to the present applicant, considering the same, I do not find any change of circumstances to reconsider this repeat bail application. Accordingly, the bail application is dismissed. However, the trial Court is directed to expedite the trial. Sd/- Goutam Bhaduri Judge Ashu