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High Court Of ChhattisgarhMCRC/615/2018rejected

Sentu Sheikh v. State Of Chhattisgarh

2018-04-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 615 of 2018 Sentu Sheikh S/o Shri Mohattar Sheikh, Aged about 25 years, R/o Village Uttar Gopinathpur, Police Station Khadgram, District Murshidabad - (West Bengal).

---- Applicant

Versus

State of Chhattisgarh, Through Police Station GRP, District Bilaspur (C.G) ---- Non-applicant For Applicant :

Mr. Dheerendra Pandey, Advocate.

For Non-applicant/State :

Mr. Ashish Surana, P.L.

-------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/04/18 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.115/2017 registered at Police Station GRP, District Bilaspur (C.G.) for the offence punishable under Sections 366 (B), 370 and 376 of the Indian Penal Code. 2.

Case of the prosecution in brief is that the applicant committed rape with the prosecutrix who is resident of Bangladesh and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant is not human trafficking, he has not committed any offence, he has been falsely implicated in crime in question. The applicant is in custody since

06-07-2017, charge-sheet has already been filed and no useful purpose will be served by detaining him in jail, therefore, he may be released on regular bail.

4.

On the other hand, learned counsel for the State has opposed 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, role of the applicant and the prosecutrix is a resident of Bangladesh, I do not consider it a fit case for grant of regular bail to the applicant. Accordingly, the bail application is rejected.

Sd/- (Sanjay K. Agrawal) Judge Kvr