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High Court Of ChhattisgarhMCRC/5622/2017allowed

Rajendra Yadav v. State Of Chhattisgarh

2017-11-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5622 of 2017 Rajendra Yadav S/o S/o Prabhu Yadav, Aged About 27 Years R/o Kadampath, Kamarima, Police Station Bagicha, District Jashpur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Bagicha, District Jashpur Chhattisgarh.

---- Respondent For applicant - Shri J.K. Saxena, Advocate.

For Respondent/State -Shri Suryakant Mishra, PL. Hon'ble Shri Justice Goutam Bhaduri Order 21/11/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.37/2017 registered in Police Station Bagicha, District Jashpur (C.G.) for offence punishable under section 342, 370 of IPC and Section 3(1-6) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.

2.

Case of the prosecution, in brief, is that a report was made by one Buddheshwar Ram that the applicant allured him to go to Tamil Nadu on the ground that he will get heavy amount. Initially he refused but later on he was insisted. Thereafter, on 9/06/2017 when the others were going to Tamil Nadu in the bus complainant was taken alongwith others to Tamil Nadu, in front of Kunkuri Police Station complainant got down and made a report that he alongwith others were forcefully being taken to Tamil Nadu. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated, complainant and the other persons were going voluntarily and no resistance was made, charge sheet has been filed, no further investigation would be necessary, therefore the applicant may be

released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. Considering the facts and nature of allegation and the statement of Buddheshwar Ram, Vijay Lal, Vivek Lal, applicant is in jail since 11/06/2017 and the fact that charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a 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.

Sd/- (Goutam Bhaduri) JUDGE gouri