Durga Azad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6459 of 2015 Mamta Sahu @ Meena Wd/o Late Shiv Sahu Aged About 32 Years R/o Anandgaon, Telga, Police Station Berla, District Bemetara, At Presently Gogaon, Near Government School, Raipur, Police Station Gudiyari, Civil And Rev. Distt. Raipur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Urla, District Raipur Chhattisgarh.

---- Respondent And MCRC No. 7037 of 2015 Durga Azad W/o Duleshwar Azad Aged About 24 Years R/o Marghatipara, Bilaigarh, District Balodabazar - Bhatapara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Office, P.S. Urla, District Raipur Chhattisgarh ---- Respondent For applicants - Shri H.B. Agrawal, Sr. Advocate with Smt. Preeti Yadav and Shri Ragvendra Pradhan, Advocate.

For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 14/12/2015 1.

Both these bail applications are decided by this common order as they are arising out of the same crime number.

2. The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No. 101/2015 registered in Police Station Urla, District-Raipur (C.G.) for offence punishable under section 363, 370 of Indian Penal code and Section 17 of Protection of Children from Sexual Offences Act, 2012.

3. As per the prosecution case the minor girl Rajni was taken by the Dharma Joshi to place of one Durga and thereafter they stayed in the

house of one Mamta and subsequently Durga, Mamta and other co-accused went along with the girl to Mirjapur wherein she was asked to perform as a dancer and thereafter girl was subjected to perform dance performance and after return from Mirjapur she was not allowed to go to her house.

4.

Learned counsel for the applicants submits that considering nature of allegation only it was for the folk dance performance and the allegation would show that she was not subjected to any torture and the offences are bailable in nature, charge sheet has been filed, therefore learned counsel prays for release of the applicants on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

Having regard to the facts and circumstances of the case, charge sheet having been filed and considering the statement of the victim that she was subjected to sale in between these parties, considering the age of the minor girl, this court is not inclined to release the applicants on bail. 7.

Accordingly, both the bail applications are dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri