Ganesh Ram And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3058 of 2015

1. Ganesh Ram & Anr. S/o S/o Ram Prasad Aged About 35 years Caste- Satnami, R/o Village Bharani Parsada, P.S. Chakarbhata, District Bilaspur, Chhattisgarh

2. Sundrika Prasad S/o S/o Fulsai Aged About 35 Years CasteSatnami, R/o Village Birgahani, P.S. Baloda, District JanjgirChampa, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh S/o Through: The District Magistrate, Janjgir-Champa, Chhattisgarh ---- Respondent For Applicants:

Shri N.K. Chatterjee, Advocate.

For Respondent/State:

Shri Suvigya Awasthy, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/07/2015 Heard.

(1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 17/2015 registered at Police Station Baloda, District Janjgir-Champa (C.G.) for the offence punishable under Section 370(2)/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that the applicants recruited and transported thirteen complainants to the State of Bihar for the purpose of trafficking and, thereby, committed the aforesaid offence.

(3) Learned counsel for the applicants submits that applicants have falsely been implicated in the offence in question as they have not committed any offence, in-fact, complainants have gone voluntarily to the State of Biard to earn their livelihood and, as such, they have already come back to their home. He further submits that applicants are languishing in jail since 06.05.2015; and the charge sheet has already been filed against the applicants and, therefore, the applicants may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; considering the role of the present applicants in the offence in question; and further considering the facts that applicants are languishing in jail since 06.05.2015; 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 application is allowed.

(6) Accused/applicants Ganesh Ram & Sundrika Prasad are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

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