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High Court Of ChhattisgarhMCRC/851/2017allowed

Sukman And ANR. v. State Of Chhattisgarh

2017-02-21Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 851 of 2017

1. Sukman, S/o. Chingdu, Aged About 26 Years, R/o. Village Saudpur, Police Station- Karpawand, District- Bastar, Chhattisgarh

2. Balram, S/o. Damodar, Aged About 25 Years, R/o. Village Muli, Outpost Bakawand, District- Bastar, Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh Through: Police Station Kotwali Jagdalpur, District- Bastar, Chhattisgarh .

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Kishore Narayan, Advocate For Respondent :

Mr. Avinash K. Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board 21/02/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.421/2016 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 343, 366, 354 of Indian Penal Code.

2.

As per prosecution case, the co-accused forcibly took away the prosecutrix and the allegation against the present applicants are that they have assisted the co-accused in eloping with the prosecutrix.

3.

Taking into consideration such facts and circumstances of the case and particularly the allegation against the present applicants that they have only assisted the main accused in eloping with the

prosecutrix, this Court is of the view that strong case is made out for grant of bail to the present applicants.

4.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that the applicants shall be released on bail on each of them furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/-Sd/- (P. Sam Koshy) Judge Ashok