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High Court Of ChhattisgarhMCRC/5544/2016allowed

Kalawati v. State Of Chhattisgarh

2016-09-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5544 of 2016 Kalawati W/o Sameer Ram, Aged About 22 Years, Caste - Bhuiya, R/o Village - Narayanpur, Police Station - Narayanpur, Tahsil - Kunkuri, District - Jashpur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station - Duldula, District - Jashpur Chhattisgarh ---- Respondent For applicant - Shri J.K. Saxena, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 19/09/2016 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.54/2016 registered in Police Station Duldula, District Jashpur (C.G.) for offence punishable under sections 363, 370, 374/34 of Indian Penal Code. 2.

As per the prosecution case, the victim/girl was a minor was taken away by the present applicant Kalavati in the year 2015 to get her employed at Delhi. Subsequently, she was left in the company of Vijay Kerketta & others wherein the victim was deployed as a domestic help in the house of Mahesh Choudhary. Father of the girl made a report and the girl came back and on investigation the offence is alleged to have been committed.

3.

Learned counsel for the applicant submits that the applicant has not committed any wrong. When the victim reached to Delhi she was employed as a domestic help in the house and no allegation can be attributed against this applicant. He further submits that charge sheet has been filed, no further investigation is necessary and similarly placed co-accused persons have been enlarged on bail by this court in M.Cr.C.

No.5244 of 2016 on 6/09/2016, therefore the applicant may be released on bail.

4.

Learned State counsel however do not dispute the fact that similarly placed co-accused persons have been enlarged on bail by this court in M.Cr.C. No.5244 of 2016 on 6/09/2016. 5.

Perused the statement of the victim under Section 161 and 164 of Cr.P.C. Taking into such statement, further taking into fact that charge sheet has been filed, no further investigation is necessary and also for the fact that similarly placed co-accused persons have been enlarged on bail in M.Cr.C. No.5244 of 2016 on 6/09/2016, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on her furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for her regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri