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High Court Of ChhattisgarhMCRC/7522/2020rejected

Pradeep Ekka v. State Of Chhattisgarh

2021-01-07Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7522 of 2020 Pradeep Ekka S/o Jataru Ekka Aged About 32 Years R/o Village Nayabardarha Post- Sonajori, Ps- Lailunga, Distt. Raigarh, Civil And Revenue Distt. Raigarh, Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through Officer-In-Charge Police Chowki- Kotba, P.S. Bagbahar, Distt. Jashpur, Chhattisgarh ---- Respondent For Applicant :

Shri Ashutosh Mishra, Advocate For Respondent/State :

Shri Lalit Jangde, Dy. G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/01/2021 Heard.

1. The applicant has been arrested in connection with Crime No.12 of 2020 registered at Police Station- Police Chowki Kotba (CG) for the alleged commission of offence under Section 363, 370, 370(4) of IPC.

2. Prosecution case is that the applicant is one of the person in the gang involved in women trafficking and it is alleged that the prosecutrix, a minor was abducted and was taken to Delhi and in Delhi, she was kept with the applicant.

3. Learned counsel for the applicant would submit that the applicant's role is alleged at a very later stage which does not show that the applicant was instrumental. Even according to prosecution, the applicant is said to have received abducted girl in Delhi but it is not a case that the applicant had abducted a minor girl from lawful custody of her parents. It is next submitted that investigation is complete, charge-sheet has been filed and that the applicant is in jail since 18.03.2020 but till date, trial has not been concluded, therefore, the applicant may be granted bail.

4. On the other hand, learned State counsel opposes the prayer and submits that in the present case, the applicant is involved in the commission of

-2offence under Section 370 of IPC which is punishable with imprisonment for life. He would submit that the applicant is one of those who is involved in trafficking of minor tribal girl.

5. Considering the submission, nature of allegation, at this stage, I am not inclined to grant bail to the applicant. Therefore, the application is rejected. However, there is no material progress in the trial and the applicant completes one year of pre-trial detention, it will be open for the applicant to revive the application only on the ground of delay. Sd/- (Manindra Mohan Shrivastava) Judge Rekha