Shri Kejuram @ Tijuram Korram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.654 of 2016 Shri Kejuram @ Tijuram Korram, S/o Shri Dashrath Ram, aged about 35 years, R/o Village Kondagaon, Police Thana Kondagaon, District Bastar (C.G.) ---- Applicant

Versus

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

Mr. Ashutosh Shukla, Advocate.

For Non-applicant:

Mrs. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.26/2013, registered at Police Station Benoor-Narayanpur, District Narayanpur, for the offence punishable under Sections 370, 374, 363 of the IPC and Section 20 of the Bonded Labour System (Abolition) Act, 1976.

2. Case of the prosecution, in brief, is that the applicant along with other two co-accused took 59 labourers to the State of Tamil Nadu to work as bonded labour and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. In the present case, charge-sheet has been filed and few of the labourers have also been examined, all of them have stated that they have volunteered themselves to work in a factory where from they

were recovered. Learned counsel further submits that co-accused persons, against whom there is allegation of compelling the labourers to work without payment of dues, namely Ramnath Potai and Manter Korram have been granted regular bail by a coordinate Bench of this Court in M.Cr.C.No.5414/2015 by order dated 28-10-2015. Case of the present applicant is similar, rather on better footing to that of the co-accused persons who have been enlarged on regular bail. The applicant is in jail since 7-12-2013.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant, defence of the applicant, his pretrial detention and the fact that co-accused persons have been granted regular bail, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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.

Sd/- (Sanjay K. Agrawal) Judge Soma