Ajay Panna v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5194 of 2015 Ajay Panna S/o. Shri Anand Prakash Panna, aged about 19 years, R/o. Village Khadgaon (Raruwa Para), P.S. Seetapur, Tahsil Mainpaat, District Surguja (CG) ---Applicant

Versus

State of Chhattisgarh Through: the S.H.O. of the P.S. Kapu, District Raigarh (CG) ---Non-applicant For Applicant :

Mr.Abhishek Saraf, Advocate For Non-applicant :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 06/10/2015 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 applicant who has been arrested in connection with Crime No.48/2015, registered at Police StationKapu, District-Raigarh (C.G.), for the offence punishable under Sections 363, 370, 371 and 374/34 of the IPC.

2.

Case of the prosecution, in brief, is that two co-accused Babulal and Jansita abducted minor girl Ku.Balam and taken her to Goa and the present applicant engaged the victim to work as bounded labour and no amount was paid against the work done.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit there is no evidence of kidnapping, transporting the victim to Goa and engaging her in job at Goa. He would also submit that girl has already been recovered, the applicant is in jail since 11.7.2015 and charge-sheet has already been filed and therefore, he may be

enlarged on bail.

4.

On the other hand, learned counsel for the State 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; further taking into consideration the nature and gravity of offence; role of the present applicant; his pre-trial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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 trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-