Daulat Sonkar vs State Of Chhattisgarh
2022 Latest Caselaw 6035 Chatt

                                                                    NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR
                            MCRC No. 6597 of 2022
          Daulat Sonkar S/o Kirtan Sonkar, Aged About 28 Years R/o
          Village Amlidih, P.S. Dongargaon, District : Rajnandgaon,
          Chhattisgarh
                                                         ---- Applicant
                                  Versus
          State Of Chhattisgarh Through Station House Officer, Police Of
          Police Station Dongargaon, District : Rajnandgaon, Chhattisgarh.
                                                         ---- Respondent

For the Applicant/s :-

Ms. Sangeeta Mishra, Advocate appears on behalf of Shri Jitendra Gupta, Advocate For the State :- Shri Adil Minhaj, G.A.

_____________________________________________________

Hon'ble Shri Justice Sachin Singh Rajput,

Order on Board 27.09.2022

1. This is sixth bail application under Section 439 of CrPC.

2. Earlier applicant's first bail application was dismissed on merits on 02/06/2020 in MCRC No.1480/2022. Second bail application has been dismissed as no ground is made out on 07/08/2020 in MCRC No.4848/2020. Third bail application has been dismissed as withdrawn on 25/06/2021 in MCRC No.3259/2021. Fourth bail application has also been dismissed as withdrawn on 14/01/2022 in MCRC No.228/2022. Fifth bail application I.A. No.1/2022 for interim bail has been granted for a period of two months on 10/05/2022 in MCRC No.3053/2022.

3. The applicant has preferred this sixth bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.333/2019 registered at Police Station Dongargaon, District Rajnandgaon for the offence punishable under Section 376(D) of IPC and Section 4 & 8 of POCSO Act.

4. The case of the prosecution in brief is that co-accused Bittu @ Yuvraj Sinha and present applicant both gave lift to the prosecutrix and by taking her to a lonely place, both of them committed the offence of gang-rape then prosecutrix got depressed and made an attempt to commit suicide.

5. Learned counsel for the applicant submit that this sixth bail application was submitted on the ground of medical emergency of wife of the applicant. This Court vide order dated 10/05/2022 was pleased to grant temporary bail for two months, during bail which was subsequently extended also, till date the medical emergency for which the interim bail was granted is still subsisting. The applicant further seeking temporary bail for treatment of her wife.

6. On the other hand, learned counsel for the State submits that the applicant was already granted two months time, however, he did not performed the medical emergency treatment of wife of the applicant. According to his instruction the entire examination of the witnesses have been complete and the judgment is likely to be pronounced within a short span of time, therefore, the application may be rejected.

7. Heard learned counsel for the parties.

8. Since earlier the benefit of temporary bail was extended applicant did not got her wife treated for medical emergency and the trial is likely to be completed soon, this Court is not inclined to allow the bail application. Accordingly, bail application is dismissed and it is expected that the trial Court would conclude the trial within a short span of time.

Sd/-

(Sachin Singh Rajput) Judge Kamde