Mannu Sarthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3641 of 2019 • Mannu Sarthi S/o Bisahuram Sarthi, aged about 40 years, R/o - Prabhat Chowk, Chingrajpara, Police StationSarkanda, District (Revenue & Civil) Bilaspur (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, through Police Station Mulmula, District (Revenue & Civil) Janjgir- Champa (C.G.) ---- Respondent For Applicant :

Anand Kesharwani, Adv.

For Respondent :

Shri Wasim Miya, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 01.07.2019

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. 164/2018 registered at Police Station Mulmula District (Revenue & Civil) Janjgir- Champa (C.G.) for the offence punishable under Sections 363, 366/34 of the IPC.

2. The prosecution story in brief is that the applicant has allegedly abducted the prosecutrix on the pretext of marriage and kept her in the house of his relatives.

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 co-accused namely Pawan Kumar has been granted bail vide order dated 24.05.2019 passed in MCRC No. 3502/2019,

therefore, the present appellant may also be released on bail.

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

5. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the co-accused namely Pawan Kumar has already been granted bail 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 two local sureties 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 them by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu