Tansingh Sagar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4364 of 2016 • Tansingh Sagar S/O Govind Sagar Aged About 42 Years R/O Village Bhadrashi, Post Office & Police Station Baghbahara, District Mahasamund, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bagbahara, District Mahasamund, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shivendu Pandya, Advocate For Respondent/State :

Mr. Vivek Singhal, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 08-08-2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 22-05-2016 in connection with Crime No. 87 of 2016, registered at Police Station Bagbahara, District Mahasamund (CG) for the offence punishable under Sections 363, 366, 376, 506 & 368 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that on 19-5-2016 a report was made by the father of the victim girl that co-accused Somnath Sagar enticed away his dauther who is a minor girl on the pretext of marriage and subsequently she was recovered next day. On enquiry it was found that co-accused Somnath Sagar enticed the victim girl and present applicant has given shelter to co-accused and victim girl in his house and thereby he helped in commission of offence.

3. Learned counsel appearing for the applicant would submit that main allegations have been attributed to co-accused Somnath Sagar and only it is alleged that the applicant has given shelter to co-accused Somnath Sagar and victim girl in his house, therefore, no offnce has been committed by the present applicant. He would further submit that the charge-sheet has been filed, the applicant is in jail since 22-5-2016 and no further investigation is required, therefore, he may be enlarged on bail.

4. Per contra, learned State counsel opposes the bail application.

5. I have heard learned counsel for the parties, perused the case diary and documents.

6. Perused the statements of the victim and also the statements of the witnesses in which allegations of providing shelter to co-accused Somnath and victim girl have been attributed to the applicant.

7. Taking into consideration all the facts and circumstnces of the case and further considering the statements of the victiim girl and witnesses and also the fact that charge-sheet has been filed and the applicant is in jail since 22-5-2016, I am inclined to release the applicant on bai.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju