High Court Of ChhattisgarhMCRC/4003/2020allowed

Omprakash @ Holi And ANR. v. State Of Chhattisgarh

2020-08-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4003 of 2020

1. Omprakash @ Holi S/o Kunwar Singh Verma Aged About 26 Years R/o Village Piparbhattha, Police Station And District Bemetara Chhattisgarh.

2. Rajesh @ Chhotu S/o Kunwar Singh Verma Aged About 23 Years R/o Village Piparbhattha, Police Station And District Bemetara Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Bemetara, District Bemetara Chhattisgarh. ---- Non-Applicant For Applicant : Shri UKS Chandel, Advocate.

For Non-Applicant : Smt. Fouzia Mirza, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/08/2020 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.529/2019 registered in Police Station Bemetara, District Bemetara for offence under Section 363 and 366-A of the IPC.

2. Present applicants Omprakash @ Holi and Rajesh @ Chhotu are real brothers, who are friend of the main accused Ghanshyam,

who eloped with the prosecutrix on 2.10.2019 and since then Ghanshyam and the prosecutrix are residing together. Ghanshyam has not been traced, therefore, the charge sheet has been filed against the present applicants on the allegation that when Ghanshyam abducted the prosecutrix, they accompanied and assisted him in abduction.

3. Considering the role played by the applicants while assisting Ghanshyam in abducting the prosecutrix and for the fact that Ghanshyam and the prosecutrix are not traceable and they might have married and residing together, as also for the reason that applicants are in jail since 4.12.2019 & 9.10.2019 respectively, this Court is inclined to release them on bail.

4. Accordingly, the application is 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/- Judge (Prashant Kumar Mishra) Barve