Duryodhan Nagre @ Monu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3535 OF 2017 Duryodhan Nagre @ Monu S/o Shri Dinesh Nagre, aged about 22 years, R/o Near Water Tank, Shankar Nagar, Durg, Civil and Revenue Distt.Durg (CG) ---Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Bhilai Nagar, Road, Durg, Distt.Durg (CG) ---Non-applicant For Applicant :

Mr. Aman Kesharwani, Advocate.

For-Non-applicant :

Mr. Gary Mukhopadhay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/05/2017 1.

This is the third bail application.

2.

Second bail application of the applicant was dismissed as withdrawn with liberty to file afresh after examination of all the material prosecution witnesses.

3.

Case of the prosecution, in brief, is that the applicant along with three accused persons gang raped the prosecutrix on 29th October, 2014.

4.

Learned counsel for the applicant would submit that the prosecutrix and her mother have been examined, but they have not supported the case of the prosecution.

5.

On the other hand, learned State Counsel would oppose the bail application and submit that the prosecutrix and her mother have supported the case of the prosecution.

6.

Considering the material available on record and statements of the prosecutrix and her mother, I do not find any ground to entertain this third bail application. Accordingly, bail application filed on behalf of the applicant under Section 439 of the Cr.P.C. is rejected. 7.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-