Juber Khan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5084 of 2019

1. Juber Khan S/o Mallu Khan, Aged About 28 Years, Caste Muslim, R/o Village Uroliya, Post Katiya, P.S. Allapur, Tehsil Dataganj, District Badayu (U.P.), Uttar Pradesh ---- Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Ramanujnagar, District - Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ----Non-applicant For Applicant - Shri Shakti Raj Sinha, Advocate. For Non-applicant/State - Shri Shrikant Kaushik, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-09-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 31-05-2019 in connection with Crime No.95/2019 registered at P.S. - Ramanujnagar, District Surajpur, Chhattisgarh for the offence under Section 363, 370, 374/34 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 31-05-2019. No case is made out against the applicant. The minor boys who were allegedly abducted and were being taken for trafficking were recovered from the custody of co-accused Praduman Patel in railway station Katani, therefore, none of the minor victims were engaged and exploited for labour by this applicant. Therefore, it is prayed that this applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, co-accused Praduman Patel had

-2allured the minor boys with promise to get them placement and labour work against attractive remuneration and was taking them to Maharashtra. Son of complainant Des Singh was recovered form the custody of the co-accused in railway station Katani. The allegation against this applicant is this, that he is a labour contractor who used to give employment to minor boys. 6.

Considering on the facts and circumstances of this case and that the case is presently pending for trial, I feel inclined to allow this application. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil