High Court Of ChhattisgarhMCRC/4396/2016allowed

Guruvari Chauhan v. State Of Chhattisgarh

2016-08-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4396 of 2016 • Guruvari Chauhan W/o Ashok Chauhan Aged About 35 Years R/o - Gandhi Nagar Jute Mil Police Out Post - Jute Mil P.S. - City Kotwali Tahsil - Raigarh District Raigarh Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through Police Station - City Kotwali Tahsil - Raigarh District Raigarh Chhattisgarh --- Respondent For the applicant :

Mr. Rajesh Ranjan Sinha, Advocate For the Respondent :

Mr. Anil S. Pandey, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.604/2015 registered at P.S. City Kotwali Raigarh (C.G) for the offence punishable under Section 363, 366, 368 & 34 of IPC.

2. As per the prosecution case, a report was made by one Narsingh Das on 31.07.2015 that one Deepak Chauhan allured the minor girl and forcibly took her away on the pretext of marriage and the girl was recovered on 18.11.2015 from the possession of Deepak Chauhan. On investigation, it reveals that the present applicant has abetted and helped his son Deepak Chauhan to take away the girl and commit the crime.

3. Learned counsel for the applicant would submit that the main allegations have been attributed to Deepak Chauhan and the girl was in love relations with Deepak Chauhan and the applicant has not committed any offence. He further submits that the applicant is the mother of accused and no

allegations have been attributed to this applicant, therefore, she may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statements of the victim girl recorded u/ss 161 & 164 of Cr.P.C.

6. Taking into allegations leveled against the applicant being was mother of accused Deepak Chouhan, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. She will also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o