Dayashankar Turi Basod @ Taya Turi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 843 of 2015 • Dayashankar Turi (Basod) @ Taya Turi, S/o Sukan Basod, aged about 55 years, r/o village Godasoth, PS Kusmi, Distt. Balrampur-Ramanujganj (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through the Station House Officer, Police Station Samripath, Distt. Balrampur-Ramanujganj (C.G.) ---- Non-applicant For Applicant:

Mr. Jitendra Shrivastava, Advocate.

For Respondent/State:

Mr. Qamrul Aziz, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.18/2015 registered at Police Station Samripath, for the offences punishable under Sections 363, 370(1)(5) of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant is said to have abducted the minor girl for the purpose of trafficking on 3.5.2015 and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant is aged about 55 years and he has falsely been implicated in the offence as he has not committed any offence. He further submits that minor girl has come to the applicant's house voluntarily and he is not abducted her as she has been recovered on the same day in the village itself; the applicant is in jail since 4.5.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; and the role of the present applicant in the offence in question; considering the facts that the minor girl has been recovered on the same day in the village itself; applicant is in jail since 4.5.2015; and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-