Sanju Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7753 of 2015 Sanju Singh S/o Dhan Singh Rajput Aged About 22 Years R/o Banki No. 2, Thana Banki Mogra Tahsil Katghora, District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station Incharge, Police Station Banki Mogra, District Korba Chhattisgarh ---- Respondent For applicant - Shri Arvind Shrivastava, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 71/2015 registered in Police Station Banki Mogra, District Korba (C.G.) for offence punishable under section 363, 366 & 376 of Indian Penal Code and Section 3 (1) (11) & 3 (2) (5) of Atrocities Act along with Section 4 of Prevention of Children from Sexual Offences Act 2012.

2.

As per the prosecution case one co-accused Vidya Sagar on 17/05/2015 allured the victim who was minor. Thereafter, took her away to Banki Mogra and then to Champa and from Champa to Ahmadabad and in Ahmadabad rape was committed on the pretext of marriage. It is allegation of the prosecution that while journey from Champa to Ahmadabad was made, this applicant was accompanying the other coaccused Vidya Sagar along with the victim. 3.

Learned counsel for the applicant submits that neither applicant's presence was in the point of abduction nor he accompanied at Ahmadabad only allegations are that he joined the journey from Champa

to Ahmadabad by train. He further submits that charge sheet has been filed, therefore, the applicant may be released on bail. 4.

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

I have perused the statement and taking into allegation against this applicant that he only accompanied the victim and the other co-accused Vidya Sagar in journey from Champa to Ahmadabad by train and no further allegation is attributed against this applicant, considering the degree and nature of allegations, charge sheet having been filed, 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