Ram Singh Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Ram Singh Netam, S/o. Bhaduram, aged about 22 years; R/o. Village Uparbhukhend, P.S. Keshkal, Revenue and Civil District Kondagaon (C.G.) ---- Applicants

Versus

State Of Chhattisgarh through, The Police Station Keshkal, District Kondagaon (C.G.) ---- Respondent For Applicants:

Shri P.K. Tulsyan, Advocate.

For Respondent/State:

Shri Qamrul Aziz, Panel Lawyer.

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

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 88/2015 registered at Police Station Keshkal, District Kondagaon for the offence punishable under Section 370(2)(5) of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 15.6.2015 applicant was found carrying three minor children to Hyderabad for the purpose of human trafficking.

(3) Counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the offence in question. He further submits that the applicant is in jail since 05.06.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State would submit that applicant is habitual of offence of human trafficking and three minor children were being taken to Hyderabad from their village by the applicant & they were found in his possession and, therefore, the applicant is not entitled to be released on bail. (5) Taking into consideration the facts & circumstances of the case; role of the present applicants in the offence in question; and the material collected by the prosecution against the applicant; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy as per rules.

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