Ramlal Lohar @ Sagar Lohar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1045 of 2018 • Ramlal Lohar @ Sagar Lohar S/o Kariman Lohar, Aged About 26 Years, R/o Village Khapra, P.S. Ranka, District Gadwa (Jharkhand) Present Resident - Ambikapur Darripara, Ward No. 44, Police Station Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Basantpur District Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh ---- Non-applicant For Applicant - Shri Pramod Shrivastava, Advocate. For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 11-04-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 29-06-2017 in connection with Crime No.69/2017 registered at P.S. Basantpur, District Balrampur-Ramanujganj, Chhattisgarh for the offence under Section 363, 366 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 29-06-2017. Charge sheet has been filed after completion of the investigation and the trial has commenced. Hence, it is prayed that the applicant may be released on bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that age of the prosecutrix was below 18 years, hence, clear cut offence is made out against the applicant. Therefore, he is not entitled for grant of bail.

4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, the applicant abducted the minor

-2prosecutrix on 17-06-2017. Father of the prosecutrix lodged the FIR on 24-062017 against unknown person. On 25-06-2017 the prosecutrix was recovered from the house of the relative of this applicant. Subsequent to that, on basis of the statement given by the prosecutrix the case has been registered against this applicant.

6.

Considered on the submissions made and contents of the case diary. 7.

After due consideration and looking to this fact that presently the case is before the trial Court and the trial is likely to take some time before its conclusion, I do not find any reason to keep the applicant in detention till conclusion of the trial.

8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby 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 Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil