High Court Of ChhattisgarhMCRC/4288/2017allowed

Vikas Shrivastava @ Vikky v. State Of Chhattisgarh

2017-11-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4288 of 2017 • Vikas Shrivastava @ Vikky S/o Late Harish Shrivastava Aged About 20 Years R/o Ews-Vaishali Nagar, Durg, District- Durg, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through: Station House Officer, Police Station: Supela, District- Durg, Chhattisgarh ---- Respondent For Applicant :

Shri R.K. Sharma, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/11/2017

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 10.05.2017 in connection with Crime No. 385/2017 registered at Police Station Supela, District Durg (CG) for the offence punishable under Sections 363, 366 & 368 of the I.P.C. and Sections 17 & 18 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, a report was made by the mother of the victim that her minor daughter is missing. Subsequently, the minor girl was recovered from the possession of one Paramjit Singh. It is alleged that the present applicant along with Paramjit Singh has allured the minor girl on the pretext of marriage, however, she was recovered in between, thereby the offence has been committed.

3. Learned counsel for the applicant submits that the entire allegation is attributed to Paramjit Singh and no objection is also filed by the complainant in favour of grant of bail to the applicant and the charge-sheet in this case has been filed and the applicant is in jail since 10.05.2017 and no further investigation is necessary, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the statement of the victim. Considering her statement, no objection, which has been placed before the Court for perusal, the nature of allegation and also the fact that the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

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

Sd/- Goutam Bhaduri Judge Ashu