Harishcandra Jangade v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5692 of 2016 Harishchandra Jangade, S/o Late Hiralal, Aged About 27 Years, Occupation- Business, R/o Village- Koni, Police Station- Koni, Tahsil And District (Revenue And Civil) Bilaspur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Police Chowki- Juttmill, Police Station- Kotwali, District (Revenue And Civil) Raigarh Chhattisgarh. ---- Respondent For applicant - Shri Adil Minhaj, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 20/09/2016 1.

This is second bail application under Section 439 of Cr.P.C. The first bail application was dismissed as withdrawn vide M.Cr.C. No.4200/2016 on 1/08/2016 with liberty to repeat the same after filing of the charge sheet.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.336/2016 registered in Police Station Chowki-Juttmill, P.S.-Kotwali, District Raigarh (C.G.) for offence punishable under section 363, 368 of Indian Penal Code. 3.

As per the prosecution case, one Rohit Jangde eloped with Lata Patel who is also minor on 4/06/2016 and it is alleged that Rohit Jangde who is nephew of the applicant fled away with the girl with the connivance and the applicant assisted the other co-accused to abduct the girl. 4.

Learned counsel for the applicant submits that there is no evidence on record to show that why the applicant has been inculpated. It is only because of the fact that Rohit Jangde is the nephew of the applicant, therefore the applicant has been falsely implicated. He further submits that the charge sheet has been filed, no further investigation is necessary,

therefore the applicant may be released on bail. 5.

Learned State counsel opposes the prayer for grant of bail. 6.

Perused the statement of the witnesses. Considering the facts and circumstances of the case and the evidence has been gathered against the applicant, charge sheet has been filed, only it is alleged that the applicant has assisted Rohit Jangde to elope with the girl and also taking into degree of allegation, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri