Sujeet Chaturvedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7781 of 2015 Sujeet Chaturvedi son of Bhuneshwar Chaturvedi aged 19 years R/o Village Dighora Teh. & Police Station Pathriya District Mungeli (C.G.) ---Applicant

Versus

State of Chhattisgarh through the Police Station Shivrinarayan District Janjgir-Champa (C.G.) ---Non-applicant For Applicant :

Mr. B.P. Banjare, Advocate For Non-applicant :

Mr. Suvigya Awasthy, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 236/2015, registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.), for the offence punishable under Sections 363, 366 of IPC

and Section 12 of POCSO Act.

2.

Case of the prosecution, in brief, is that on 29.10.2015 applicant abducted minor prosecutrix and taken her to New Delhi and compel her to marry with him against her will and thereby committed offence of trafficking.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in crime in question. He would further submit that minor complainant was having affair with the applicant. He would lastly submit that charge sheet has been filed and applicant is in jail since 10/11/2015 therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into

consideration the nature and gravity of offence; role of the present applicant in offence in question; charge sheet has already been filed and applicant is in jail since 10/11/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari