Gomit @ Memit Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4059 of 2017

1. Ramdil Rajwade @ Dilaram S/o Chewtha Ram Rajwade Aged About 54 Years R/o Village Sunderganj, Police Station Jainagar, District Surajpur, Chhattisgarh.

2. Smt. Sirmaniya Rajwade W/o Ramdil Rajwade @ Dilaram Aged About 49 Years R/o Village Sunderganj, Police Station Jainagar, District Surajpur, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Jainagar, District- Surajpur, Chhattisgarh.

---- Non-Applicant And MCRC No. 4151 Of 2017 • Gomit @ Memit Rajwade S/o Shiv Prasad Rajwade, Aged About 21 Years R/o Village Sunderganj, Police Station Jainagar, Tehsil Surajpur, District Surajpur, Chhattisgarh.

---- Applicant Vs • State Of Chhattisgarh Through Station House Officer Jainagar, Revenue & Civil District Surajpur, Chhattisgarh. ---- Non-Applicant For Applicants : Shri S.R. Sinha and Shri Surfaraj Khan, Advocates. For Non-Applicant : Shri Ashutosh Pandey, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

22/11/2017

1. The applicants have preferred these bail applications for grant of bail as they are arrested in connection with Crime No.13/2017 registered at Police Station Jainagar, District Surajpur for offences under Sections 363, 366, 376 (d)/(g), 306 and 201/34 of the IPC and Section 4 of the POCSO Act, 2012.

2. At the outset, Shri Sinha, learned counsel appearing for applicant No.1 - Ramdil Rajwade in M.Cr.C. No.4059/2017 would pray for and is permitted to withdraw the bail application in respect of Applicant No.1 - Ramdil Rajwade. Similarly, Shri Surfaraj Khan, learned counsel appearing for applicant Gomit @ Memit Rajwade in M.Cr.C. No.4151/2017 would pray for and is permitted to withdraw the bail application of applicant Gomit @ Memit Rajwade at this stage.

3. Accordingly, the aforesaid bail applications are dismissed as withdrawn. However, the trial Court is directed to expedite the trial and conclude the same at the earliest.

4. There are 6 accused persons who have been sent for trial for committing offence under the aforesaid sections. They are Anil Kumar Rajwade, Ramdil Rajwade, Smt. Sirmaniya Rajwade, Manoj, Gomit @ Memit Rajwade and Ramswaroop. Anil is the person who not only kidnapped the girl but also sexually exploited her for about one and half year. Disgusted and frustrated by Anil's conduct, the girl consumed suspected poisonous substance on 2.12.2016 and eventually died in course of treatment.

5. Considering the quality of evidence against applicant No.2 Smt. Sirmaniya Rajwade in MCRC No.4059/2017, as also for the fact that she is the mother of Anil and a lady aged about 49 years, this Court is inclined to release her on bail. Accordingly, the application {MCRC No.4059/2017} in respect of applicant No.2 Smt. Sirmaniya Rajwade is allowed and she is directed to be released on bail on her executing a personal bond for a sum of Rs.25,000/- with one surety for 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. Sd/- Judge (Prashant Kumar Mishra) Barve