Jitendra Gupta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7786 of 2015 Jitendra Gupta S/o Ishwardeen Gupta Aged About 30 Years R/o Presently R/o Gopiyapara, Patelpara, House Of Shankar Yadav, Purani Basti, Raipur, Chhattisgarh. Permanent R/o Vill. Simra, P.S. Jaisingh Nagar, Distt. Sahdol, Madhya Pradesh. ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Tikrapara, Civil & Rev. Distt. Raipur, Chhattisgarh.

---- Respondent For applicant -Shri J.K. Gupta,, Advocate.

For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 508/2015 registered in Police Station Tikrapara, Distt: Raipur (C.G.) for offence punishable under section 363, 365, 368, 120 B, IPC.

2.

As per the prosecution case daughter of the complainant Narmada Sahu aged about 1 1⁄2 months was abducted by one Swati Pandey and thereafter Swati Pandey called this applicant who was auto driver and handed over the child to him and asked him to keep the child in his house. Consequently, applicant took girl child of 1 1⁄2 months in his auto and thereafter gave it to wife Kesari Gupta. Subsequently, report was made and girl child was recovered from the house of Kesari Gupta. 3.

Learned counsel for the applicant submits that applicant was only auto driver and there was no intention of abduction and even otherwise had there been any intention of abduction, he would have fled away with the child, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into fact that girl child of 1 1⁄2 months was abducted and the

way it was taken absolutely without any help, which was carried by this applicant in his auto to his own house, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri