Kumari Sapna Nagesiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2352 of 2019 Kumari Sapna Nagesiya (Wrongly Mentioned In Order Sheet As Sapna Kisan), Aged About 22 Years, Daughter Of Shri Vikram Nagesiya (Wrongly Mentined As Vikram Sapna), R/o Nawadih, Police Station Chando, District Balrampur Ramanujganj Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Chowki - Ganesh Mod, Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh. ---- Respondent For the Applicant :

Shri Pushpendra Kumar Patel, Advocate For the State :

Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.144/2018 registered at Police Chowki Ganesh Mod, P.S. Balrampur, District Balrampur (C.G.) for the offence punishable under Sections 363, 370(1-4), 34 of IPC Section 9 of Placement Agency Act, Section 4, 8, 9(1)(2) of Chhattisgarh Private Employment Act and Section 14 of Child Labour Act and Section 84, 79 of Juvenile Justice Act.

3. Case of the prosecution, in brief is that the complainant Karmila is aged about 13 years old. She is a resident of village Balrampur. On 31.07.2018, applicant took the said complainant to Delhi by enticing. In Delhi applicant handed over the said complainant to the co-accused Sunil Kumar and thereafter, the co-accused Sunil Kumar was taking domestic work from the said complainant by threatening.

4. Learned counsel for the applicant submits that she is innocent and falsely implicated in the present case, therefore, she shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the prima facie evidence available on record against the applicant, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

Sd/- (Sharad Kumar Gupta) Judge Kamde