Dipendra Vishal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3001 of 2020 Dipendra Vishal S/o Shri Prakash Vishal Aged About 21 Years R/o Ponsara, P.S. And Tahsil Basna, Civil And Revenue District Mahasamund Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Basna, Civil And Revenue District Mahasamund Chhattisgarh.

---- Respondent For Applicant : Mr. Sunil Verma, Advocate For Respondent/State : Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/06/2020 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.188/2020, registered at Police Station - Basna, District - Mahasamund (C.G.) for the offence punishable under Section 363, 366 and 34 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant. The applicant is in jail since 26.04.2020. It is further submitted that the juvenile offender have been granted bail by the Child Court/F.T.C. Mahasamund. Hence, it is prayed that the applicant may also be enlarged on regular bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted

that the allegation against the applicant is serious in nature, therefore, he is not entitled for grant of bail.

4.

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

5.

According to the prosecution case, on the date and time of incident, this applicant along with juvenile offender forcefully abducted the minor prosecutrix age of 13 years. After lodging of FIR by the father of the victim, the prosecutrix was recovered from the possession of this applicant. Hence, this case.

6.

Considering the facts and circumstances of the case, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall 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 trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram