Basant Kumar Yadav @ Basantu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4916 of 2018 • Basant Kumar Yadav @ Basantu S/o Late Santram Yadaw Aged About 22 Years R/o Village- Narmadapara Chikladih Police Station Gandhinagar, Ambikapur, District- Surguja, Chhattisagh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station Jhilmili, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Respondent For Applicants : Mr. Shakti Raj Sinha, Advocate For State/respondent : Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.54/2018, registered at Police-Station-Jhilmili, District-Surajpur(C.G.) for the offence punishable under Sections 363, 366 of the Indian Penal Code & Section 12 of POCSO Act, 2012.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He is in jail since 12.04.2018. No case is made out against him, hence, it is prayed that he may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. The story of the prosecution is this, that the marriage negotiation has taken place between applicant and victim but the same could not be materialized. The allegation against this applicant that he made a call on the mobile of victim, asked her to meet him and when she came to meet him, he abducted her and kept her in confinement for two days. Hence, this case.

6. After considering on all the material present in the case diary and the fact that the trial against the applicant is likely to take some time before its conclusion, therefore, I am of this view that this is a fit case where the applicant should be released on bail during the pendency of the case against him.

7. Accordingly, the bail applications filed under Section 439 of the Cr.P.C. are allowed. It is directed that applicants 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha