Rajendra Panika v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4578 of 2017 Rajendra Panika S/o Shankar Ram Panika, Aged About 23 Years R/o Jodhpur, Police Station Chando, District Balrampur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Chando, District Balrampur, Chhattisgarh.

---- Respondent For Applicant :

Shri CJK Rao, Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/08/2017 Heard.

1. This is the second application for grant of bail to the applicant. His earlier bail application was dismissed as withdrawn.

2. The applicant has been arrested in connection with Crime No.26 of 2016 registered in Police Station- Chando, District -Balrampur (C.G.) for alleged commission of offence under Sections 363, 366, 376 (2) (n) IPC, Section 5 (l) /6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (v)of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

3. Learned counsel for the applicant submits that this application is preferred mainly on the ground that trial has not completed and the applicant has remained in jail since 17.8.2016.

4. Considering that the applicant is alleged to have committed offence under

-2Section 376 read with the provision contained in POCSO and SC & ST Act against a girl, who is stated to be 14 years of age, I am not inclined to release the applicant only on the ground of his detention for more than one year.

However, the submission of learned counsel for the applicant to direct expeditious trial, appears to be reasonable. The trial Court shall expedite the trial and conclude the same as early as possible without granting unnecessary adjournment to any of the parties and frequently using coercive process for summoning the witnesses who are not turning up.

5. The application is accordingly dismissed.

Sd/-/- (Manindra Mohan Shrivastava) Judge Praveen