Rakesh Lasker And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3490 of 2016

1. Rakesh Lasker S/o Mannu Lal Lasker Aged About 24 Years R/o Sarvan Devri, P.S. Ratanpur, District Bilaspur, Chhattisgarh.

2. Manoj Bai Lasker W/o Rakesh Lasker Aged About 20 Years R/o Sarvan Devri, P.S. Ratanpur, District Bilaspur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Aarakshi Kendra Takhatpur, District Bilaspur, Chhattisgarh. ---- Respondent For the applicants :

Mr. Goutam Khetrapal, Advocate For the Respondent :

Mr. Anil S. Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 11.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 205/2013 registered at P.S. Takhatpur, District Billaspur (C.G) for the offence punishable under Sections 363, 363/34, 366, 376 IPC.

2. As per the prosecution case, on 01.07.2013, a report was lodged by the father of victim that his daughter was missing and subsequently one Rishi Koshle was also missing and thereafter it was found that Rishi Kosle on the pretext of marriage took away the victim girl from the lawful guardianship of mother and father. The allegations against the present applicants is that they have harbored the said accused Rishi Kosle as they are relatives of Rishi Kosle.

3. Learned counsel for the applicants submits that the entire

allegations of rape and taking away the girl is on Rishi Kosle and the applicants are said to have assisted and harboured the main accused and except this, no substantive allegations are attributed to these applicants.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the documents as also the statement of victim girl.

6. Considering the totality of the facts and circumstances of the case and the nature of allegations levelled against these applicants as the main accused Rishi Kosle alongwith the victim girl was allowed to stay in the house of present applicants as their relative and taking into consideration the statement of victim as also the fact that the charge sheet in this case has been filed and no further investigation is necessary, I am inclined to release the applicants on bail.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o