Vijay Shankar Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2963 of 2018 • Vijay Shankar Dubey S/o Doobnarayan Dubey Aged About 36 Years, R/o Village Harinarayanpur, Post Aurai, Police Station Aurai, District Bhadohi U.P.

----Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Out Post Rampur Police Station Kotwali Korba, District Korba Chhattisgarh. ---- Respondent For Applicant Shri Dharmesh Srivastava, Advocate.

For State Shri Arvind dubey, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/05/2018

1. Heard.

2. This is the Second Bail application under Section 439 of the Cr.P.C for grant of regular bail to the applicant who has been arrested in connection with Crime No. 211/2016 registered at Police Station Kotwali, Out Post- Rampur, District Korba (C.G.) for the offence under Sections 363, 368, 376, 376-D, 370, 370(a), 372/34, 201 of Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012 and Section 75 of Juvenile Justice Act.

3. The first bail application bearing MCRC No. 4264 of 2017 was dismissed on 23.11.2017 along with the bail applications preferred by Raj Das son of Ram Das in MCRC No. 4060 of 2017, Smt. Rachana Rajwade and Shilvi Meri Rajwade in MCRC No. 4061 of 2017.

4. The accused persons including the applicant has allegedly pushed the

prosecutrix into the flesh trade on the pretext that she is taken to Banaras for doing the job for catering services. At Banaras, she was staying with applicant Vijay Shankar Dubey. It was this applicant who also came to Korba, met Rachana Rajwade, aunt of the victim, and planned to send the victim with him for going to Banaras. At Banaras and at other stations also, several persons including the accused Akash Sharma, Umesh Sharma, and Vijay Shankar Dubey committed forcible sexual intercourse with the prosecutrix, who is less than 18 years of age.

5. In view of the fact that since after rejection of the bail application of coaccused Raj Das by a common order, the said Raj Das has been allowed bail by the Supreme Court vide order dated 03.04.2018 in Special Leave to Appeal (Crl.) No(s) 2077/2018, the present bail deserves to be allowed.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with one surety for 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.

Sd/- Judge Prashant Kumar Mishra Akhilesh