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High Court Of ChhattisgarhMCRC/2076/2021rejected

Naresh Bai v. State Of Chhattisgarh

2021-07-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2076 of 2021 Naresh Bai W/o Late Butru Sidar Aged About 50 Years Caste Gond, R/o Village Barkaspali Police Station Tapkara, District Jashpur, Chhattisgarh.

--- Applicant

Versus

State of Chhattisgarh through Station House Officer, Police Station Tapkara, District Jashpur, Chhattisgarh --- Respondent For the applicant :

Mr.Sanjeev Kumar Sahu, Advocate.

For the Respondent :

Mrs. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2021

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.27/2021 registered at Police Station Tapkara, Distt. Jashpur (C.G) for the offences punishable under Sections 370/34 of IPC.

2. As per the prosecution case, on 12.2.2021, the victim was taken by Akhilesh and Raj Kumari and was forced to marry with another person and in order to perform the marriage, the applicant and other accused Raj Kumari & Akhilesh with the help of mother of Raj Kumari had obtained money.

3. Learned counsel for the applicant submits that the statement of the prosecutrix under section 164 of Cr.P.C., would show that there is no disclosure about the involvement of the present applicant and she has been falsely implicated in this case. He further submits that the applicant is in jail since

17.2.2021; the charge sheet has been filed and no further investigation is necessary, therefore, she may be released on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that the applicant and other accused have been involved in human trafficking. He read out the statement of victim recorded u/s 164 of Cr.P.C.

5. Considering the nature of allegations and the fact that similar allegations are attributed to applicant and other accused for the involvement in human trafficking, I am not inclined to allow this bail application. Accordingly, this application is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao