Rahul Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 986 of 2019 • Rahul Singh S/o Satyraj Singh Sagar Aged About 23 Years R/o House No. 58, Ward No. 5, Patpara, Post Office- Sagra, Raghunatganj, District- Riwa, Madhya Pradesh. At Present B.S. U.P. Colony, Chicha Sector 07, Atal Nagar, Raipur, Police Station- Mandir Hasod, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, City Kotwali, Mungeli, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant : Shri Ajay Ayachi, Advocate For Respondent /State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 02/08/2019 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 334/2019 registered at Police Station City Kotwali, Mungeli (CG) for the offence punishable under Sections 363,366 and 364(A) of the IPC. 2.

Case of the prosecution is that report was lodged by the complainant that on 17 .05.2019, when he was at his shop, at about 12.00 noon, his daughter had gone to Employment Office to fill the form for joining the army and thereafter at 1.30 p.m. he dropped her at the bus stand to his village. It is alleged that at about 2.30-[3.00

p.m. he received a telephonic call from his son that three persons came in a car and abducted his daughter in a car, for ransom. 3.

Contention of the counsel for the applicant is that the applicant and daughter of the complainant were having love affair and he has been falsely implicated. He further submits that the daughter of the complainant has compelled the applicant to come on the spot and take her away.

4.

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

5.

I have heard counsel for the parties.

6.

Considering the totality of the facts, in particular, the nature of allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Officer arresting him. He shall abide by all the terms and conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

7.

This order shall be operative for a period of 60 days from today. During this period, the applicant shall apply for regular bail under Section 439 of the Code of Criminal Procedure before the competent court.

Sd/- (Rajani Dubey) Judge suguna