High Court Of ChhattisgarhMCRC/2785/2021rejected

Vishvanath Tigga v. State Of Chhattisgarh

2021-07-09Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2785 of 2021 Vishvanath Tigga S/o Siyaram Tigga Aged About 32 Years R/o Village Kudukela, Tehsil- Batouli, District Sarguja Chhattisgarh. Halmukham Shivam Mines Chhal Tehsil Dharamjaygarh District Raigarh Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station- Punjipathra, District Raigarh Chhattisgarh. Taluka Gharghoda, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Non-applicant For Applicant Shri Rahul Agrawal, Advocate.

For State Shri Priyanshu Gupta, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 09.07.2021

1. The matter is heard through Video Conferencing.

2. First bail application preferred by the applicant was dismissed on merits vide order dated 01.02.2021 passed in M.Cr.C. No.9319 of 2020.

3. The applicant has preferred this second bail application under Section 439 of Cr.P.C. arise out of the same Crime No.206 of 2020 registered at Police Station Punjipathra, District Raigarh, C.G. for the offence punishable under Sections 363, 364-A, 511, 34of Indian Penal Code.

4. Case of the prosecution, in brief, is that the present applicant along with one Hublal Sonwani have forcibly kidnapped a girl child of 5 years of age from the hands of the complainant/mother and thereafter, demanded ransom of Rs.5,000/- from her.

5. Learned counsel for the applicant submit that applicant is innocent person and has been falsely implicated in this case. He submits that there is no direct proof of applicant involvement in the alleged crime. The applicant is in jail since 16.10.2020, charge sheet has already been filed and conclusion of trial is likely to take some time. Therefore, the applicant be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application.

7. Heard learned counsel for the parties.

8. Considering the facts and circumstances of the case, the manner in which the incident is said to have taken place, the gravity of the offence, further considering the fact that there is no change in circumstances except the fact that charge-sheet has been filed, without commenting anything on merits of the case, I am not inclined to release the applicant on bail at this stage.

9. Accordingly, bail application stands rejected. Sd/- (Gautam Chourdiya) Judge Anu