High Court Of ChhattisgarhMCRC/2875/2021allowed

Kunjram Yadav v. State Of Chhattisgarh

2021-07-08Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2875 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2875 of 2021 • Kunjram Yadav S/o Ratanlal Yadav Aged About 36 Years R/o Village- Choranga, Tehsil/ Police Station- Lailunga, DistrictRaigarh, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station- Lailunga, DistrictRaigarh, Chhattisgarh ---- Respondent For Applicant Mr. Ashutosh Mishra, Advocate For Respondent/State Mr. Vikram Sharma, Dy. GA Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 8/7/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.73/2021 registered at Police Station Lailunga, Raigarh (CG) for the offence punishable under Sections 370, 374 of the IPC, Section 14 of the Child Labour (Prohibition and Protection) Act, 1986, Sections 79, 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 9 of Placement Act.

3. The applicant has allegedly trafÏcked deceased Chuman Baiga, aged about 15 years, on 4.10.2020 and was taken to Tamilnadu.

MCRC No. 2875 of 2021 At the time of the occurrence, deceased's brother Suresh Baiga had also accompanied him along with some more villagers, however, no report was lodged at that point of time. In a separate dispute, deceased Chuman Baiga was murdered in Tamilnadu, therefore, his father Mohanlal Baiga lodged the present FIR on 8.3.2021 alleging that the applicant was involved in trafÏcking of his son to Tamil Nadu, where he was murdered.

4. Admittedly, the applicant has no hand in the death of deceased Chuman Baiga. Brother of deceased Chuman Baiga namely Suresh Baiga, aged about 20 years, had also gone to Tamil Nadu, but he too did not raise any protest nor lodged any FIR either in Tamil Nadu or at his native place.

5. Considering the entire facts situation of the case, I am inclined to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna