Dhira Gujar v. State Of Chhattisgarh

-1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7072 of 2017 Dhira Gujar S/o Krishna Gujar Aged About 40 Years R/o Village Kotariya , Police Station & Post Office Ras, Tahsil Jaitaram District Balaghat ( Wrongly Mentioned The Address Of The Applicant In The Cause Title Of The Rejection Order ) ( As Per Charge Sheet ) . Present R/o Village Pandripani, Police Station & Post Office Piperchedi District Gariyaband Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer , Police Station Piperchedi District Gariyaband Chhattisgarh.

---- Respondent For Applicant :

Shri Shivendu Pandya, Advocate For State :

Shri Avinash Singh, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/12/2017 Heard.

1. The applicant has been arrested in connection with Crime No.19 of 2017 registered at Police Station- Piperchedi, District -Gariyaband (C.G.) for alleged commission of offence under Section 370 IPC.

2. Case of the prosecution, in brief, is that the applicant is involved in human trafficking.

3. Learned counsel for the applicant would submit that the allegations are exaggerated in nature. The complainant a major person had gone along with the applicant in search of job but when there arose a dispute with regard to payment, a false report has been lodged. He would submit that as the investigation is complete and charge sheet has been filed and the applicant is not likely to abscond, he may be released on bail.

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4. On the other hand, learned counsel for the State, opposing the bail application, submits that in view of the statement of the victim, a prima facie case is made out against the applicant. The applicant belongs to the State of Rajasthan and if he is granted bail, he may hamper the progress of trial. Therefore, the applicant is not entitled to grant of bail.

5. Taking into consideration the submissions made by learned counsel for the parties, taking into consideration the nature of allegation and that the investigation is complete and charge sheet has been filed, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen