Mithun Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4553 of 2018 Mithun Das S/o Shri Narayan Das Aged About 20 Years R/o- Village- P.V. 33, Post And Thana- Pakhanjur, Civil And Revenue District- North Baster, Kanker, Chhattisgarh., District : Kanker, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationPakhanjur, Civil And Revenue District- North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh.

---- Respondent For the Applicant :

Shri Sunil Sahu, Advocate.

For the Respondent/State :

Shri Ashok Swarnakar, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

17.07.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.44 of 2018, registered at Police Station - Pakhanjur, District - North Bastar, Kanker, Chhattisgarh for the offence punishable under Sections 147, 343, 363, 366, 149 and 496 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 25.3.2018 and has been falsely implicated in this case. Similarly placed co-accused persons - Pankaj Bairagi, Ganesh Vishwas, Kartik Vishwas, Vishwajeet Majumdar, Tapas Choudhary, Devvrat Ray and Kalu @

Ganesh Badhai have been granted bail by this Court in M.Cr.C. Nos. 3612 of 2018, 4207 of 2018 and 3864 of 2018, vide order dated 27.06.2018. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the case of the applicant is different from those co-accused persons who have been granted bail. On the date of incident, the applicant called the victim from her house and handed her over to the other co-accused persons. Hence, he is not entitled for grant of regular bail. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, a written complaint was filed by the victim alleging that she had love affair with the applicant. On the date of incident, the applicant took the victim with him to a place and handed her over to the other co-accused persons, who then forced the victim to marry another co-accused - Vishwajeet Majumdar. Hence, this case. 6.

Considering the material present in the case-diary and taking into consideration the fact that similarly placed co-accused persons have been granted regular bail by this Court, I am of the view that this is a fit case where the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi