Jaimanti Devi & ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 243 of 2018

1. Jaimanti Devi & Anr. W/o Ramesh Lohar, Aged About 40 Years R/o Village Domri, District Gumla Jharkhand , Jharkhand

2. Smt. Prema Devi, W/o Shri Ganesh Ram, Aged About 48 Years Cast Lohar, R/o Village Bhagalpur, Tahil Jashpur District Jashpur Chhattisgarh , District : Jashpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Jashpur District Jashpur Chhattisgarh , Chhattisgarh ---- Respondent _____________________________________________________________ For Applicants :

Mr. Sanjeev Kumar Sahu, Advocate.

For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/04/2018

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 applicants who have been arrested in connection with Crime No.282/2017 registered at Police Station- Jashpur, District- Jashpur(C.G.) for the offence punishable under Section 363, 370 (4)/34 and 374/34 of the Indian Penal Code.

2. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. Applicant No.1 Jaimanti Devi is in jail since 2.7.2017 and Applicant No.2 Smt. Prema Devi is in jail since 18.7.2017. The case is pending before the trial Court and so far 6 witnesses have been examined out of 14 witnesses

Page No.2 and the trial is getting delayed. Hence, it is prayed that applicants be released on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. Victim Shobha Yadav a minor girl has lodged FIR alleging against the applicants that both the applicants abducted her and sold her for slavery in Delhi. Hence, this case.

6. After perusing all the material present in the case diary against these applicants in this case. The trial against these applicants is getting delayed is a fact. Looking to the number of witnesses examined so far and that the applicants are in jail since more than 8 months and the trial is still pending. For these reasons, I feel inclined that applicants should be granted regular bail during the pendency of the trial against them.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha