Saleem Javed v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5062 of 2021 • Saleem Javed S/o Jakir Hussain Aged About 26 Years Caste Momin, R/o Village Majhgawan, P. S. And Tehsil Baikunthpur District Koriya Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Odgi, District Surajpur Chhattisgarh ---- Respondent For Applicant Mr. Pushkar Sinha, Advocate For Respondent /State Mr. Vikram Sharma, Dy. GA Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 28/7/2021

1. Heard.

2. This is the second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.85/2019 registered at Police Station Odgi, District Surajpur (CG) for the offence punishable under Sections 363, 366 of the IPC.

3. The first application was dismissed with liberty to revive the prayer after examination of the victim and now, she has been

examined.

4. The applicant allegedly abducted the prosecutrix in the midnight of 3rd and 4th December 2019 and she was recovered after 26 days. When examined in the Court vide deposition -Annexure A-2, the prosecutrix has not supported the prosecution.

5. Therefore, considering that the applicant is in jail since 22.10.2020 and the prosecutrix has already been examined, this Court is inclined to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna