Mahendra Lakra And Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8634 of 2020

1. Mahendra Lakra, S/o Late Ramkishun Lakra, Aged About 27 Years, R/o Village- Mukha, Out-PostDawra, P.S.- Pasta, District BalrampurRamanujganj, Chhattisgarh

2. Sunil Lakra, S/o Amrit Lakra, Aged About 23 Years, R/o Village- Semrakathra, Out-PostDawra, P.S.-Pasta, District- BalrampurRamanujganj, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through- Out-PostDawra, P.S.- Pasta, District-BalrampurRamanujganj, Chhattisgarh ---- Respondent For Applicant Mr. Pushkar Sinha, Advocate For Respondent Ms. Fouzia Mirza, Addl. AG Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 19/05/2021 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 applicants, who have been arrested in connection with Crime No.83/2020, registered at Outpost-Daura, Police Station - Pasta,

District Balrampur-Ramanujganj (CG), for the offence punishable under Sections 363, 370 & 370 (1) of the Indian Penal Code.

2.

The case of the prosecution, in brief, is that the applicants had taken 7 persons including two minor persons to Bangalore for trafficking and thereby committed the offence.

3.

Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in the crime in question. He would further submit that the applicants are in jail since 31.10.2020, charge sheet has already been filed and the trial is likely to take some time, therefore, the applicants may kindly be released on bail.

4.

On the other hand, learned State counsel 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, nature and gravity of the offence and further considering that the applicants are in jail since 31.10.2020

i.e. for more than 6 months, charge sheet has already been filed and the trial is likely to take some time, I am inclined to release the applicants on bail.

7.

Accordingly, the bail application is allowed. 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 in the like sum to the satisfaction of the concerned trial Court for their appearance as and when directed.

Sd/- Sanjay K. Agrawal Vacation Judge Nirala