High Court Of ChhattisgarhMCRC/1598/2015dismissed

Sunil Mandal v. State Of Chhattisgarh

2015-07-29Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Sunil Mandal, S/o Shri Khudan Mandal, by caste Mandal, aged about 27 years, R/o R.Z.R.261, Street No.5 Pachasfuta Road, Near Daler Mehandi Form House, Nihal Vihar, Dilly 41, Delhi ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police Station Duldulla, District Jashpur (C.G.) ---- Non-applicant For Applicant:

Shri Arun Kumar Shukla, Advocate.

For Respondent/State:

Smt. Anusuiya Rajput, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 9 /07/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.05/2015 registered at Police Station - Duldulla, District Jashpur for the offences punishable under Sections 363, 370 & 371 of the Indian Penal Code. (2) Case of the prosecution, in brief, is that the co-accused persons namely Rajendra, Jogendra & Lalita Bai have taken the minor girl - Ku. Sunita to Delhi and sold her to the applicant/Director of Ganesh Placement Agency for the purpose of exploitation and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has falsely been implicated in the offence in question as he has not committed any offence. He further submits that applicant is in jail since 19.12.2014 and no useful purpose would be served in detaining him in jail and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State submits still the minor girl has not been recovered and, therefore, the applicant is not entitled to be released on bail.

(5) Taking into consideration the facts & circumstances of the case and the manner in which the minor girl was alleged to have sold, who is still missing, I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-