Manoj Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 20 of 2020 Gajanand Sona @ Gajju S/o Shri Sunitalal Sona Aged About 19 Years R/o Village Budhudonagar, Police Station Saraipali, District Mahasmund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Rajadewari, District Balodabazaar-Bhatapara, Chhattisgarh ---- Respondent MCRC No. 102 of 2020 Manoj Sahu S/o. Kartik Ram Sahu Aged About 19 Years Resident Of Dularpali, Police Station - Saraipali, Mahasamund, District Mahasamund Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through The Station House In-Charge, Police Station Rajadeori, Balodabazar, District- Balodabazar Bhatapara Chhattisgarh ---- Respondent For Applicant : Shri Anchal Kumar Matre, Advocate in MCRC No.20/2020 For Applicant : Ms. Supriya Upasane, Advocate in MCRC No.102/2020 For Respondent/State : Shri Anurag Verma, Panel Lawyer.

Hon'ble Smt. Justice Rajani Dubey Order On Board 14.02.2020

1. Heard.

2. As these two applications (MCRC No. 20/2020 and MCRC No. 102/2020) are arising out of the same crime number, they are

being disposed off by this common order. These are the two applications filed under Section 439 of the Cr.P.C. filed by the applicants for grant of regular bail, who are apprehending arrest in connection with Crime No.58/2019 registered at Police Station - Balodabazar-Bhatapara, C.G., for the offence punishable under Sections 363,366, 354/34 of the Indian Penal Code and Section 08 of the POCSO Act.

3. As per the prosecution story, a report was lodged by the father of the prosecutrix that, both the applicants came on motorcycle, caught hold of hand of the prosecutrix and on the pretext of marriage they took her on his motorcycle to Raipur. Based on this, a report has been lodged against the applicants and they have been arrested on 16.12.2019.

4. Learned counsel appearing on behalf of the Applicants submits that applicants are innocent and they have been falsely implicated in the present case, they are in custody since 16.12.2019, chargesheet has already been filed and trial will likely to take some time and there is no allegation of committing sexual intercourse with the prosecutrix, applicant may be released on bail.

5. Per contra, learned counsel appearing on behalf of State opposes the bail application.

6. I have heard learned Counsel for both the parties.

7. Considering the facts and circumstances of the case and further considering the fact that the applicants are in custody since 16.12.2019 and trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the

applicants on bail.

8. Accordingly, the bail applications are allowed.

9. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- to each with one surety for the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court as and when directed. Sd/- (Rajani Dubey) yasmin Judge