Vikas Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5656 of 2015 • Vikas Sonwani, S/o Firatram, aged 29 years, R/o Pirda, P.S. & Tahasil, Maalkharouda, District Janjgir - Chamapa (C.G. ---- Applicant

Versus

• State of Chhattisgarh Through: District Magistrate, Janjgir - Chamapa, Dist. Janjgir-Champa (CG).

---- Respondent For Applicant :

Mr. Rajeev Shrivastava, Advocate.

For Respondent/State :

Mr. O.P.Sahu, Government Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 27/10/2015

1. The applicant has preferred the instant bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No.107/15 registered in Police Station Hasoud, Dist. Janjgir - Champa (C.G.) for offence punishable under Section 370(3)/34 of the I.P.C.

2. Case of the prosecution, in brief, is that applicant was found involved in trafficking of 13 persons and thereby committed the aforesaid offence.

3. Learned counsel for the applicants submits that co-accused person, namely, Sandeep Karthia against whom allegations were similar has been granted by co-ordinate Bench of this Court by order dated 29.09.2015 passed in M.Cr.C.No.4744 of 2015. The role played by the applicant is also similar to that of the co-accused person, therefore, the present applicant may be released on bail.

4. On the other hand, learned State counsel while opposing the bail application submits that act of the applicant comes within the purview of Section 370(3) of the I.P.C. that the applicant recruited and

transported the complainants at Malaysia for the purpose of exploitation and thereby committed the aforesaid offence.

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

6. Taking into consideration all the facts and circumstances of the case, role of the present applicant in the offence in question; further taking into consideration the contents of the F.I.R. and as per prosecution case only mobile was seized from the present applicant and that primary allegations are against one Vijay Berman and also the fact that charge sheet has consequently been filed in this case, I am inclined to enlarge the applicant on bail.

7. Accordingly, the instant bail application is allowed. It is directed that the applicant shall be released on his furnishing personal bail bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial Court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (GOUTAM BHADURI) JUDGE Anjani