High Court Of ChhattisgarhMCRC/3320/2019allowed

Sanjay Ganatra v. State Of Chhattisgarh

2019-06-07Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3320 of 2019 • Sanjay Ganatra, S/o - Shri Kirti Bhai Ganatra, Aged about - 40 years, R/o - Sector- 03, Shivanand Nagar, Raipur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through - Police Station - Moudhaha Para, Raipur - District- Raipur (C.G.) ---- Respondent For applicant : Shri Maneesh Sharma, Advocate For respondent/State : Shri H. S. Ahluwalia, Dy. A. G.

Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.06.2019

1. This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 24.03.2019 in connection with Crime No. 79 of 2019 registered at Police Station Mouhdapara, District Raipur (C.G.) for the offence punishable under Sections 317, 34 of IPC and under Sections 75, 80 & 81 of Juvenile Justice (Care and Protection of Children) Act, 2015.

2. As per prosecution, co-accused Bhupesh Makhija has procured a new born child by giving money to other coaccused persons and has adopted the said child without following due procedure for adoption.

3. Learned counsel for the applicant submits that the applicant- Sanjay Gantara is issue-less and he adopted the child as per prescribed procedure. He further submits that the allegations leveled against the present applicant is not made out, investigation is completed, charge-sheet has been filed. He further submits that the applicant is in jail

since 24.03.2019 and no further investigation is required, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the application for grant of bail.

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

6. Taking into consideration the submission of learned counsel for the parties, nature of allegations, the applicant is in jail since 24.03.2019, investigation is complete, charge sheet has been filed, I am inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Sd/- (Ram Prasanna Sharma) VACATION JUDGE N.Mohle