Suresh Singh And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1931 OF 2016 1.

Suresh Singh S/o Mo Fuljense Singh aged about 40 years by caste Rajput R/o village Jaitpur District Mujaffarpur (Bihar) Present Address W.Z.209 Madipur Gaon New Delhi 63 2.

Ajay Kumar S/o Ram Avatar Singh aged about 31 years by caste Rajput R/o Viraj Police Station Kothi District Gaya (Bihar) Present Address W.Z.209 Madipur Gaon New Delhi 63 ---Applicants

Versus

State of Chhattisgarh through Station House Officer Police Chowki Manora Police Station Jashpur District Jashpur C.G.

---Non-applicant For Applicants :

Mr. Vijay Kumar Sahu, Advocate For Non-applicant :

Mr. Avinash Singh, PL Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10/05/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of

regular bail to the applicants who have been arrested in connection with Crime No. 18/2016, registered at Police Station Jashpur, Distt. Jashpur (C.G.), for the offence punishable under Section 363, 370(4), 34 of I.P.C. & C.G. Private Placement Agencies (Regulation) Act, 2013 of Section 9(1)(2).

2.

Case of the prosecution, in brief, is that, applicants were found running business of private placement agency without holding license under The Chhattisgarh Private Placement Agencies (Regulation) Act, 2013, which is punishable under Section 9(1) of the Act and also deprived the woman below 18 years of age and thereby committed aforesaid offence.

3.

Learned counsel for the applicants would submit applicants have not committed any offence and have been falsely implicated in the case. He would further submit that applicants are holding license at New Delhi to run the private placement agency and two girls were brought by other persons. He would lastly submit that charge sheet has been filed and applicants are in jail

since 14/02/2016, therefore, they may be released on bail. 4.

On the other hand, learned State counsel would oppose the prayer for grant of bail.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicants in offence in question; defence of the applicants; charge sheet has already been filed and pretrial detention of the applicants, this Court is of the opinion that present is the fit case, in which, applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Code of Criminal Procedure is allowed. 8.

It is directed that applicants, namely, Suresh Singh and Ajay Kumar shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the

concerned trial Court. Applicants shall appear regularly before the Investigating Officer/concerned trial Court. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari