Shriram Kerketta v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2947 of 2015 • Shriram Kerketta S/o Shri Baliram Kerketta Aged About 35 years R/O Village Kasedi P.S. Chando Distt. Balrampur Civil Distt. Surguja Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through PS Balrampur, Distt. Balrampur Civil Distt. Surguja Chhattisgarh.
---- Respondent For Applicant:
Shri Bhupendra Singh, Advocate.
For Respondent/State.
Shri Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/06/2015 Heard.
(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. 205/2014 registered at Police Station Balrampur, Distt. Balrampur for the offences punishable under Sections 363 & 370(4) of the Indian Penal Code.
(2) Case of the prosecution, in brief, is that on 10.12.2014 applicant is said to have abducted the complainant, aged about 15 years, from her lawful guardianship and taken her to Delhi for
the purpose of trafficking.
(3) Learned counsel for the applicant submits that the applicant has not committed any offence and he has falsely been implicated in the crime in question and, as such, the complainant is his near releative and, therefore, the question of abducting for the purpose of trafficking does not arise.
(4) On the other hand, learned counsel for the State, while referring the statement of witness- Basanti Kewat where the prosecutrix stayed, would submit that applicant has abducted the proseuctrix, who is minor girl, for the purpose of trafficking and, therefore, the applicant is not entitled to be released on bail. (5) I have heard the counsel appearing for the parties and perused the case diary.
(6) Looking to the nature & gravity of the offence, further considering the statement of Basanti Toppo, where the prosecutrix stayed, I am not inclined to release the applicant on bail. Therefore, the bail application is rejected. (7) Certified copy, as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-