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High Court Of ChhattisgarhMCRC/4996/2018allowed

Mahendra Roy v. State Of Chhattisgarh

2018-08-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4996 of 2018 • Mahendra Roy S/o Premal Roy Aged About 19 Years, Caste Satnami, R/o Village Kuthroud, Police Station Suhela, District BalodabazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Suhela, District Balodabazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Punit Ruparel, Advocate. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-08-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 23-06-2018 in connection with Crime No.115/2018 registered at P.S. - Suhela, District Balodabazar-Bhatapara, Chhattisgarh for the offence under Section 363, 366 (366-A), 341 & 376 r/w. Section 34 of the IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 23-06-2018. No case is made out against this applicant. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

The allegation against this applicant is this, that he helped main accused Lala Das in abducting and confining the minor prosecutrix in his own house

-2who was subjected to the offence of rape by the main accused. 6.

After considering on the material present in the case diary and the role played by this applicant in this case, I feel inclined to grant regular bail to this applicant.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil