Shani Sandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 126 of 2021 • Shani Sandey S/o Bedram Sandey Aged About 28 Years R/o Village Dongri, Tahsil And Police Station Akaltara, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Akaltara, District : Janjgir-Champa, Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant :

Mr. Tarun Dansena, Advocate.

For State :

Mr. Lalit Jangde, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/01/2021 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.294/2019 registered at Police Station- Akaltara, District : Janjgir-Champa, C.G. for the offence under Sections 376, 294 & 506 of IPC.

2. This is third bail application. First bail application was rejected on merits and second bail application was dismissed as withdrawn.

3. Present application has now been moved on the ground that now, the prosecutrix has been examined and her evidence is highly unreliable.

4. On the other hand, learned State Counsel would submit that the application for grant of bail was earlier rejected on merits and it is not a case where prosecutrix has not stated regarding commission of offence and it is not a case where she has completely turned hostile.

5. Without commenting upon the merits of the case and the evidence of the prosecutrix, considering that earlier bail application was rejected on merits and it cannot be said to be a case of undue delay in trial, I am not inclined to grant

bail to the applicant.

6. The bail application is accordingly rejected. Sd/- (Manindra Mohan Shrivastava) Judge Ravi