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High Court Of ChhattisgarhMCRC/1505/2019rejected

Shriniwas Alam v. State Of Chhattisgarh

2019-04-02Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1505 of 2019 Shriniwas Alam S/o Alam Mallaiya Aged About 24 Years R/o VillageBhatpalli, Schoolpara, Police Station- Bhopalpatnam, District- Bijapur, Chhattisgarh., District : Bijapur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationBhopalpatnam, District- Bijapur, Chhattisgarh., District : Bijapur, Chhattisgarh.

---- Respondent For the Applicant :

Shri B.P. Singh, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.21/2016 registered at Police Station Bhopalpatnam, District Bijapur (C.G.) for the offence punishable under Sections 366, 361, 370, 34, 374 of IPC and Section 79 of Juvenile Justice (Care and Protection of Children) Act.

3. Case of the prosecution, in brief is that co-accused S. Suresh, Padma, with the assistance of applicant took the minor girl Maheshwari and Sukhraiya by enticing that they will get good job and handsome wages. Applicant and co-accused were forcibly compelling said minor girls for labour work.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Counsel for the applicant further submitted that minor girls allegedly took away with the consent of guardian, thus applicant may be released on bail.

7. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde