High Court Of ChhattisgarhMCRC/3950/2021allowed

Ravi Soni v. State Of Chhattisgarh

2021-07-26Hon'Ble The Acting Chief Justice2 pages

MCRC 3950/2021 & MCRC 4152/2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3950 of 2021 Ravi Soni S/o Heera Say, Aged About 24 Years Cast Sonar, R/o Village Kantagkhar Police Chouki Dokada, Tahsil Kanshabel District Jashpur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Farsabahar, District Jashpur Chhattisgarh ---- Non-Applicant MCRC No. 4152 of 2021 Nand Lal @ Nandu Aged About 22 Years Caste Dom R/o Village Sarukachhar, Police Station Kansabel District Jashpur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Officer In Charge Police Station Farsabahar District Jashpur Chhattisgarh.

---- Non-Applicant For Applicant : Shri AK Yadav and Shri BN Nande, Advocates. For Non-Applicant : Shri Vikram Sharma, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 26/07/2021 :

1. The aforesaid MCRCs are being disposed of by this common order as

MCRC 3950/2021 & MCRC 4152/2021 they arise out of Crime No.5/2021 registered in Police Station: Farsabahar, District Jashpur for offence under Section 363 & 370/34 of the IPC.

2. As per the 164 CrPC statement of the victim Ritik Tirki, on 17.1.2021 he went to Ambikapur of his own to earn livelihood. After staying there for about 3 weeks, applicant Nandu informed him that if he moves to Tamil Nadu, he can earn handsome salary. Thereafter applicant Ravi Soni took the victim along with 6-7 other persons in a Bolero Vehicle to Bangalore where they worked for few days and later they were taken to Tamil Nadu. After working there for some time, Tamil Nadu police took him into custody and thereafter Chhattisgarh Police reached there and brought him back to the village.

3. In the statement of the victim as well as his father, it does not appear that the applicants abducted him from the village. On the contrary, the victim's father states that the victim was mentally imbalanced, therefore, he left the house.

4. Considering the entire fact situation of the case and for the fact that the applicants are in jail since 22.3.2021 and there is no previous antecedents of their involvement in committing similar nature of crime and the charge sheet has also been filed, I am inclined to release them on bail.

5. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve