Smt. Gayatri Devi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 2 of 2015 Smt. Gayatri Devi, W/o Shri Ritbhanjan Mahto, aged about 27 years, R/o village-Torpa, Distt. Khunti (Jharkhand) at present -B180, Subhash Palace, Distt. North West Delhi, Civil and Revenue Distt. Delhi ---- Applicant

Versus

State Of Chhattisgarh, Through: Police Station - Kapu, District - Raigarh (C.G.) ---- Non-applicant For Applicant:

Shri Manoj Kumar Sinha, Advocate.

For Non-Applicant Shri Neeraj Pradhan, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.10/2014 registered at Police Station Kapu, Distt. Raigarh for the offences punishable under Sections 363, 370, 371 & 374/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant & other coaccused persons are alleged to have kidnapped complainant Ku. Khabia and taken her to Delhi for the purpose of human trafficking and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has not committed any offence and she has only got engaged the complainant in the house of one S.K. Sahgal for domestic help and, as such, she, being the woman, is in custody since 20.02.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) Per contra, counsel for the State submits that the complainant is still missing and could not be traced inspite of several efforts and the present applicant & other co-accused persons are responsible for the whereabouts of the girl as the complainant is the victim of human trafficking and, therefore, the applicant is not entitled to be released on bail.

(5) Taking into consideration the facts & circumstances of the case; and the manner in which the complainant is still missing and the other material collected by the prosecution; I am not inclined to release the applicant on bail. Thus, the bail application stands rejected. Certified copy, as per rules.

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