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High Court Of ChhattisgarhMCRC/7393/2015allowed

Gaurav Sonkar v. State Of Chhattisgarh

2015-12-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7393 of 2015 Gaurav Sonkar S/o Damodar Sonkar Aged About 21 Years R/o Village & Post Badi Kala, Tehsil & P.O. Badi, Distt. Raisen, Madhya Pradesh.

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Manendragarh, Distt. Korea, Chhattisgarh.

---- Respondent For applicant - Shri Pawan Shrivastava, Advocate. For Respondent/State - Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 22/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 557/2010 registered in Police Station Manendragarh, District Korea, C.G. for offence punishable under section 363, 366/34 of Indian Penal Code.

2.

It is a case of bail jump.

3.

Learned counsel for the applicant submits that applicant was granted bail on 9/02/2011 and thereafter he was residing with the victim/girl as they have performed the marriage. Consequently, did not attend the date of hearing and as such he was arrested on 14/11/2015. He further submits that since the applicant has already performed marriage and also out of the wedlock child was born, taking into consideration the subsequent development the non-appearance was bonafide, therefore learned counsel prays for release of the applicant on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that applicant was earlier granted bail by the court on 9/02/2011 and further he has been arrested on 14/11/2015. It

is a case of bail jump. Considering the detention of the applicant that he is in jail since 14/11/2015, 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 his 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 his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri