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High Court Of ChhattisgarhMCRC/7349/2017allowed

Samir Kumar Das v. State Of Chhattisgarh

2018-01-12Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7349 of 2017 Samir Kumar Das S/o Late Sudhir Chand Das Aged About 30 Years R/o C-260, Shahwad Dairy Police Station Shahwad Dairy, Prahladpur District Rohni Delhi.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Of Police Station Tapkara District Jashpur Chhattisgarh. ---- Respondent For the Applicant :

Shri Manoj Chauhan, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

12.01.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.44 of 2017, registered at Police Station - Tapkara, District - Jashpur, Chhattisgarh for the offence punishable under Sections 363, 370 and 374 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 12.08.2017 and the applicant has been falsely implicated in this case. The applicant is running a placement agency. The victim in this case was never brought to his agency for the purposes of any placement and no role has been played by him in the alleged offence of trafficking or abduction.

The applicant is ready to abide by all the conditions that may be imposed on him. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

The case against the applicant and the co-accused persons is that the minor victim aged 15 years was allured by co-accused person - Reena Nayak that she can get her employment with attractive salary in Delhi and Mumbai because of which, the victim accompanied her to Delhi and from there to Mumbai. Later on, the victim was recovered in Jharsiguda railway station from the custody of co-accused - Deepak Pal. The case has been investigated and the charge-sheet has been filed. 6.

Considering the submissions and the contents of the case-diary, statement of all the witnesses in this case and the evidence produced against the applicant for his prosecution, I am of the considered opinion that the applicant deserves to be released on bail. 7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like sum

to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi