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High Court Of ChhattisgarhMCRC/8101/2021allowed

Anjali Khunte v. State Of Chhattisgarh

2021-10-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

MCRC No.8101 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8101 of 2021

1. Anjali Khunte D/o Ramcharan Aged About 29 Years R/o Village Dhangaon, Present Address Pamgarh, Ward No.12, P. S. And Tahsil Pamgarh District Janjgir Champa Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Pamgarh District Janjgir Champa Chhattisgarh ---- Respondent For Applicant Mr. Krishna Tandon, Advocate on behalf of Shri C.P. Lahrey, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. Govt. Adv.

Order on Board By Hon'ble Shri Justice Goutam Bhaduri 29/10/2021 1.

Heard.

2.

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.363/2021, registered at Police Station Pamgarh, District Janjgir-Champa (CG), for the offence under Section 363, 366, 34 of the Indian Penal Code. 3.

As per the prosecution case a report was lodged by the father of the prosecutrix namely; Lala Ram alleging that his minor daughter was enticed away from the lawful custody of the

MCRC No.8101 of 2021 parents and the present applicant, who is the neighbour, was the abettor. The prosecutrix was subsequently recovered from the possession of one Prem Singh.

4.

Learned counsel for the applicant would submit that there is no iota of evidence against the applicant and she has been implicated in the crime on the basis of presumption. The victim is a major girl though she has stated to be 17 years 10 months. The victim accompanied Prem Singh on her own; visited Damoh (Madhya Pradesh) & Delhi and came back. Thus, the applicant may be released on bail.

5.

Learned counsel for the State, per contra, would oppose the bail application.

6.

Considering the entire facts situation of the case; further considering the statement of victim; particularly considering the nature of allegations; and also for the fact that the applicant is in detention since 9-9-2021 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail.

7.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Gowri Judge