High Court Of ChhattisgarhMCRC/5082/2015rejected

Vijaysingh Kerketta v. State Of Chhattisgarh

2015-09-23Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.5082 of 2015 Vijaysingh Kerketta, S/o Sukhuram Kerketta, aged about 50 years, Occupation Service, R/o Village Katmohli Para, Vijaynagar, P.S. Kapu, Tahsil Dharamjaigarh, Civil and Revenue District Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Kapu, Civil & Revenue District Raigarh (C.G.) ---- Non-applicant For Applicant:

Mr. Manoj Kumar Jaiswal, Advocate.

For Non-applicant:

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 23/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.49/2015, registered at Police Station Kapu, Distt. Raigarh, for the offence punishable under Sections 363, 370, 371 and 374 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that the applicant is said to have abducted minor girl Shanti Bai eight years prior to the date of lodgment of FIR on 9-6-2015 and handed over to Jagwati Bai for the purpose of trafficking and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated in the crime and he is in jail since 23-8-2015. He further submits that there is no evidence to connect the applicant with the offence in question. Charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application and

submits that the present applicant has kidnapped the complainant minor girl and handed-over her to the co-accused at Delhi for the purpose of trafficking.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, material collected by the prosecution, at this stage, I am not inclined to grant regular bail to the applicant. The application is rejected.

Sd/- (Sanjay K. Agrawal) Judge Soma