Nanhu Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C No.

Nanhu Das, S/o Khedu Das, aged about 55 years, R/o Village Namnakala, Police Station Ambikapur, Civil and Revenue District Sarguja (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station : Ambikapur, District Sarguja (C.G.) ---- Non-applicant For Applicant:

Shri Shakti Raj Sinha, Advocate For Non-applicant/State: Shri Om. P. Sahu, Deputy Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 2 /0 2 /201 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. 511/21015 registered at Police Station -Ambikapur, District Sarguja for the offences punishable under Sections 370, 370(3), 371, 374 & 365 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant and other coaccused persons transported complainants namely Ajan & Sunil to State of Tamil Nadu and forced them to work in Borewell Company, Tirupati and thereby committed the aforesaid offences. (3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed

any offence. He further submits that the applicant is languishing in jail since 13.09.2015; charge sheet has already been filed and there is no evidence of trafficking against the applicant and he has gone to State of Tamilnadu on his own will for searching employment and no useful purpose would be served in detaining him in jail and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Looking to the nature & gravity of the offence, role of the present applicant in the offence in question; further considering his detention period and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail 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 till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-