Abdul Manan Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 616 of 2018 Abdul Manan Ansari, S/o Late Abdul Rehman Ansari, Aged about 23 years, R/o Quarter No. 7/E, M.P.R. Road, Zone-2, Khursipar, Thana Khursipar Bhilai, District Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : District Magistrate, Durg (C.G.) ---- Non-applicant For Applicant :

Mr. Mateen Siddiqui, Advocate.

For Non-applicant/State :

Mr. Ashish Surana, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22/03/18 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.174/2017 registered at Police Station Chawni Pollice Station Bhilai, District Durg (C.G.) for the offence punishable under Sections 363, 366, 366(A)/34 of the Indian Penal Code and 17 & 18 of the Prevention of Children from Sexual Offences Act, 2012. 2.

Case of the prosecution in brief is that the applicant has abducted the victim and sent her with his brother to Tata Nagar and thereby he committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence, he has been falsely implicated in crime in question and even brother of the applicant who is said to be the abductor of

the victim has been granted bail by this Court in M.Cr.C. No.4896/2017 on 20-11-2017, and the applicant is in jail since 01-05-2017, therefore, he may be released on regular bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, the applicant is in custody for more than 10 months, co-accused is said to have been abducted the victim who has already been released on bail, this Court is of the opinion that present is a fit case in which the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Kvr