Kripa Minj v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5217 of 2017 • Kripa Minj W/o Virendra Lakda, Aged About 31 Years Caste Uraon, R/o Dandpani, Tahsil & Police Station Kashabel District Jashpur Chhattisgarh Permanent R/o W Z 231 B Madipur, West Delhi 110063.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Baagbahar, Distt. Jashpur (Chhattisgarh) ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Ms. Mithilda filed affidavit on behalf of the applicant and present.

For Respondent/State : Shri Lav Sharma, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 12.12.2017 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.104/2014, registered at Police Station Baagbahar, District Jashpur(CG) for the offence punishable under Sections 370, 374 of the IPC.

3.

As per the case of prosecution, name of the victim is Ms. Punam Lakda. It is alleged that one Shanki Ekka transferred her to Delhi from her village for work at Delhi. At Delhi, the present applicant shifted Ms. Punam Lakda to other place of work from her first place of working.

4.

To constitute the offence under Section 370 of IPC, transfer should be done in order to exploitation by using threats force or practicing fraud or deception.

5.

As per the prosecution case, the present applicant has not transferred Ms. Punam Lakda from her village but she engaged her to some other place of work at Delhi from the place where she was working.

6.

Ms. Mithilda appearing on behalf of the applicant, prays for grant of bail.

7.

On the other hand, learned counsel for the State opposes the bail application.

8.

Perused the entire material available on record. 9.

Considering the facts and circumstances of the case and the fact that she is in jail since 12.6.2017, I am of the opinion that present is a fit case to release the applicant on bail. 10.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

11.

It is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs.20,000/- with one surety in like sum to the satisfaction of the concerned trial Court for her appearance before the said Court as and when directed till the disposal of the trial.

12.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita