Raj Markam & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7346 of 2020

1. Raj Markam S/o, Vinay Dwar, Caste Parghi aged about 40 years,

2. Gopi God S/o Rajpati, aged about 38 years,

3. Surjeet Markaam S/o Vijay Dewar aged about 43 years, R/o Shivaji Nagar Khurseepar Bhilai, Tehsil and District- Durg (C.G.) ---- Applicants

Versus

• The State Of Chhattisgarh Through: the SHO P.S. Khurseepar, District- Durg (C.G.).

---- Respondent For Applicant : Shri Vijay Kumar Sahu, Advocate For Respondent/State : Shri Vimlesh Vajpai, G. A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 08/01/2021

1) Heard

2) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 19.06.2020 in connection with Crime No. 392/2020 registered at Police Station Khurseepar, District- Durg (C.G.) for the offence punishable under Section 76 of the Juvenile Justice Act.

3) Case of the prosecution in brief is that a report has been lodged by complainant- Preeti Dongre, Social worker that on 19.06.2020, a phone call was received from District Programme Officer whereby it was informed that the present applicants are involved in business of engaging the children for begging. After investigation, the aforesaid offence has been

registered against the applicants.

4) Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question. It is also submitted that the charge sheet has been filed and the applicants are in jail since 19.06.2020. He further submits that trial is likely to take some time for its final disposal. Therefore, the applicants be released on bail by this Court.

5) On the other hand, learned counsel for the respondent/State opposes the bail application.

6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, charge-sheet has been filed, the fact that the applicants are in jail since 19.06.2020 and trial is likely to take some time for its final disposal, the fact that the applicants have no criminal antecedent as admitted by both the counsels without commenting upon merits of the case the application is allowed. It is directed that in the event of the applicants executing a personal bond for a sum of Rs.50,000/-each with two sureties of Rs.

25,000/- each to the satisfaction of the concerned Trial Court, they shall be released on bail on the following conditions :- (i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (iv) they shall not involve themselve in any offence of similar nature in future.

Certified copy as per rules Sd/- (Gautam Chourdiya) Judge amita