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High Court Of ChhattisgarhMCRC/2134/2016allowed

Jasinta Bek v. State Of Chhattisgarh

2016-04-25Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2134 OF 2016 Jasinta Bek D/o Shri Aghan Bek aged about 19 years R/o village Paraghati Police Station Kapu District Raigarh (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Kapu, District Raigarh (C.G.) ---Non-applicant For Applicant :

Mr. Ajit Kumar Yadav, Advocate For Non-applicant :

Mr. Suvigya Awasthy, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 25/04/2016 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. 48/2015, registered at Police Station Kapu, District Raigarh (C.G.), for the offence punishable under Sections 363, 370, 371, 374/34 of I.P.C.

2.

Case of the prosecution, in brief, is that two co-accused Babulal and Janista abducted minor girl Ku. Balam and taken her to Goa and the applicant- Ajay Panna engaged the victim to work

as bonded labour and no amount was paid against the work done. 3.

Learned counsel for the applicant submits that other coaccused person has played the similar role as that of the present applicant and other co-accused person namely Ajay Panna has already granted regular bail by this Court vide order dated 06/10/2015 passed in M.Cr.C. No. 5194/2015 and the role played by the present applicant is identical to that of the other co-accused person. Therefore, the present applicant may also be released on regular bail on the ground of parity.

4.

On the other hand, learned counsel for the State submits that case of the present applicant is identical to other co-accused person, who has granted bail by this Court vide order dated 06/10/2015 passed in M.Cr.C. No. 5194/2015.

5.

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

6.

Taking into consideration the facts and circumstances of the case; nature and gravity of offence; role of the present applicant; pretrial detention of the applicant and particularly the order passed by this Court on 06/10/2015 in M.Cr.C. No. 5194/2015 granting regular bail to the other accused person, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is ordered that the applicant shall be released on bail on her furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. 8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari