Sonlal Painkra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3213 of 2019 • Sonlal Painkra, aged about 19 years, son of Shri Dharamsai Paikra, Caste Kanwar, R/o village Kusmusi, Chowki, Basdayee, P.S. Surajpur, Tahsil Bhaiyathan District. Surajpur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through : The Station House OfÏcer, (Police Chowki Basdayee) Police Station Surajpur, District Surajpur (C.G.) ---- Respondent For Applicant :

Shri Dashrath Kushwaha, Advocate.

For Respondent :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /05/2019 1.

The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.152/2019 registered at (Police Chowki Basdayee) Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 363 and 366 of IPC. 2.

Case of the prosecution, in brief, is that the applicant abducted the complainant and thereby committed the offence.

3.

Learned counsel for the applicant submits that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in custody since 09.04.2019, the charge sheet has not been filed and, mostly investigation has been completed and no

custodial interrogation is required and, therefore, the applicant may be released on bail.

4.

On the other hand, learned State counsel opposes the bail application and would refer to the statement made under Section 164 Cr.P.C. by the applicant.

5.

Taking into consideration the nature and gravity of the offence, facts & circumstances of the case, and further considering 164 Cr.P.C. statement and that the applicant is in custody since 09.04.2019, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

6.

Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Vacation Judge Vijay