Chandra Prakash Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6910 of 2018 • Chandra Prakash Pandey S/o Harinarayan Pandey Aged About 37 Years R/o E.W.S.-629, Industrial Area, Madhya Pradesh Housing Board, Bhilai, Tahsil And District- Durg, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station- Supel, District- Durg, Chhattisgarh ---- Respondent For Applicant :

Shri Malay Shrivastava, Advocate For Respondent/State :

Shri D.R. Minj, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/10/2018

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 08.01.2015 in connection with Crime No.10/2015 registered at Police Station Supela, Durg (CG) for the offence punishable under Sections 376 (2) (b) and (d), 506- B and 315/34 IPC.

2. The First bail application bearing M.Cr.C. No.6722 of 2015 was dismissed for want of prosecution on 11.12.2015 and the second bail application bearing M.Cr.C. No.5414 of 2017 was dismissed as withdrawn on 22.08.2017.

3. Learned counsel for the applicant submits that the considerable delay has been

caused in the trial, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. It is stated that the prosecutrix after the incident committed suicide. Perused the statement of the prosecutrix. Considering the same under the circumstances I am not inclined to release the applicant on bail.

6. Accordingly, the bail application is dismissed. However, the trail Court is requested to expedite the trial. It is further made clear that any observation made in this order shall not influence the trial. Sd/- Goutam Bhaduri Judge Ashu