Baleshver Patil v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5054 of 2017 Baleshver Patil S/o Late Shivram Patil, Aged About 40 Years Caste Harijan, Porfession Government Servant, R/o Quarter No. 737, New Shaktinagar Jarhi, Police Station Bhatgaon, District Surajpur (Chhattisgarh)....(Father Name Incorrect Mentioned In Order Dated 19/05/2017) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Bhatgaon District Surajpur (Chhattisgarh).

---- Respondent For Applicant :

Shri A.K. Yadav, 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 third application for grant of bail to the applicant. His earlier bail applications were dismissed as withdrawn.

2. The applicant has been arrested in connection with Crime No.9 of 2017 registered in Police Station- Bhatgaon, District - Surajpur (C.G.) for alleged commission of offence under Sections 354, 456 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

3. Learned counsel for the applicant submits that this application is preferred mainly on the ground that the trial is being delayed and the applicant has remained in jail since 6.1.2017. It is submitted that on three occasions though the prosecutrix appeared only once, her evidence was not recorded for reasons not attributable to the applicant. It is submitted that due to

-2delay in conclusion of trial, the applicant has remained in jail for more than 7 months. He submits that looking to the nature of allegation against the applicant, at this stage, he may be released on bail.

4. On the other hand, learned counsel for the State has opposed the bail application.

5. Taking into consideration the submissions made and considering the nature of allegation, at this stage, I am not inclined to grant bail to the applicant. The application is accordingly rejected.

6. The trial Court, however, is directed to ensure that the prosecutrix is examined at the earliest. If the prosecutrix is not turning up for recording evidence, the investigating officer shall be directed to keep the prosecutrix present on the date fixed for examination of the prosecutrix. Sd/-- (Manindra Mohan Shrivastava) Judge Praveen