Arun Barjo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4703 of 2015 Arun Barjo, S/o Shri Nahum Barjo, aged about 20 years, By Caste Munda, R/o Uttarkaribil, House No.105, Thana Helam, Civil & Revenue District Sonitpur (Aasam) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Bagbahar, District Jashpur (C.G.) ---- Non-applicant For Applicant:

Mr. Sunil Sahu, Advocate.

For Non-applicant:

Mr. Anil S. Pandey, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.167/2014 {ST No.11/2015 pending in the Court of Additional Sessions Judge, Kunkuri}, registered at Police Station Bagbahar, Distt. Jashpur, for the offence punishable under Sections 363, 370, 371 and 374 of the IPC.

2. Case of the prosecution, in brief, is that on 22-9-2014, one co-accused Manvel Lakda abducted six boys & four girls from Village Haldi Jhariya for the purpose of exploitation and transported them to Delhi and engaged them to the Placement Agency run by the accused persons namely Smt. Nirmala Kujur & Gourav Saha, and in the said placement agency, accused Amrit Tigga provided work to the children. The present applicant had taken one boy Naveen to Patiala House for the purpose of work as domestic helper and thereby committed the offence of trafficking and

abduction.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 19-11-2014. Co-accused Gourav Saha @ Guddu Saha, whose case is identical to the present applicant, has been released on bail by order dated 15-4-2015 passed by this Court in M.Cr.C.No.1198/2015.

4. On the other hand, learned State counsel opposes the application but submits that case of the present applicant is identical to that of co-accused Smt. Nirmala Kujur and Gourav Saha @ Guddu Saha who were released on bail vide order dated 15-4-2015.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pre-trial detention of the applicant and the fact that charge-sheet has already been filed, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma