High Court Of ChhattisgarhMCRC/3281/2020rejected

Balak Ram Chouhan v. State Of Chhattisgarh

2020-08-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3281 of 2020 • Balak Ram Chouhan, S/o Shri Sandhela Chauhan, Aged About 50 Years, R/o Village- Limgaon, P.S.- Saraipali, DistrictMahasamund, Chhattisgarh. ----Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station- Basna, District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Nisimuddin Ansari, Adv.

For Respondent/State : Mr. H. S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13.08.2020

1. Heard on admission.

2. Admit.

3. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 556/2019 registered at Police Station- Basna, District- Mahasamund, (C.G.) for the offence punishable under Section 370/34 of IPC.

4. The first bail application of the applicant was dismissed as withdrawn with liberty to renew the same after examination of the complainant vide order dated 13.03.2020 passed in MCRC No. 155/2020.

5. The prosecution story, in brief is that, it is alleged that the present applicant along with other co-accused person forcefully took the labour to work at brick furnace at Allahabad (U.P.) under inducement of giving more money. Based on this, offence has been registered. Present applicant has been taken into custody

on 11.12.2019.

6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant is in jail since 11.12.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

7. On the other hand, counsel for the State opposes the bail application submitting that the offence committed by the applicant is of serious in nature so, it is not a fit case to release him on bail.

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

9. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

10.

Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Ruchi