Santosh Miri v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4800 of 2019 • Santosh Miri S/o Fuddu Miri Aged About 24 Years R/o Village - Kushgarh ( Bhanpur ) At Present - Jharnidedh, School Para Police Station - Saliha, District ( Revenue And Civil ) - Balodabazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station - Saliha District ( Revenue And Civil ) Balodabazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Vineet Pandey, Advocate For Respondent/State : Ms. Reena Singh, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 14.8.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.124/2015, registered at Police Station, Saliha, District Baloda Bazar- Bhatapara(CG) for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 4, 17, 18 of the Protection of Children from Sexual Offencs Act, 2012.

3.

As per the case of prosecution, a missing report was lodged by the father of the prosecutrix that his daughter has left the house. On enquiry, it was found that the applicant had taken her away on the pretext of marriage.

4.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He

submits the applicant is in jail 25.11.2018 and trial will take some time for its final disposal, therefore, the applicant may be released on bail.

5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

8.

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

9.

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

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita