Madan Chauhan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1855 of 2018 Madan Chauhan S/o Ramlal Aged About 37 Years R/o- Village Farsatoli, Outpost Kotba, Police Station Bagbahar, DistrictJashpur, Chhattisgarh., District : Jashpur, Chhattisgarh --- Petitioner

Versus

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

Mr. Manoj Chouhan, Advocate.

For the Respondent :

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .04.2018

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. 09/2018 registered at Police Station Bagbahar, Distt. Jashpur (C.G) for the offences punishable under Sections 363 & 370 of IPC.

2. As per the prosecution case, a report was made by one Bajrang Chauhan on 22.01.2018 that the applicant has allured his minor son Sachin Kumar and niece Nagesh Kumar, aged about 17 years that they would be provided good employment and salary, Rs.15,000/- and a house outside the State and while they were moving towards Tamil Nadu to work there, on the way, the boys were recovered from the possession of the applicant at Jharsuguda Raiwaly station.

3. Learned counsel for the applicant submits that that the applicant has been falsely implicated in this case. He further

submits that charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 22.01.2018, therefore, he may be enlarged on bail.

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

5. Perused the statements of the victim Sachin and Nagesh Kumar as also the father of complainant wherein they have stated that they were recovered in the railway station itself.

6. Considering the nature of allegations and the fact that the charge sheet has been filed in this case and no further investigation is necessary, the applicant is in jail since 22.01.2018 and further taking into consideration the background of this case, 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 his 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 for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o