Suresh Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 829 of 2020 • Suresh Das S/o Dil Bahar Das Aged About 30 Years R/o Turna Imlipara, Ps Darima, District Surguja, Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Lundra District Surguja, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Jitendra Shrivastava, Advocate.

For Respondent/State :

Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 19.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 56/2019 registered at Police Station - Lundra, District Surguja (C.G.) for the offence punishable under Sections 366, 368, 343/34 of the IPC and Section 8 of POCSO Act.

2. As per the prosecution case, the allegation against the present applicant is that he along with co-accused abducted the prosecutrix and confined her in his house of village Turna Implipara. Based on that, after investigation, offence has been registered against him and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that the main allegation is against co-accused Injor Sai and there is nothing against present applicant. He

further submits that the charge-sheet has been filed and the applicant is in jail since 01.12.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 01.12.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu