Anukul Mandal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7823 of 2016 Anukul Mandal S/o Shri Vikas Mandal Aged About 30 Years R/o Village- Durgapur Colony, Dharamjaigarh, Police Station- & TahsilDharamjaigarh, District- Raigarh, Civil And Revenue DistrictRaigarh, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station- Chakardhar Nagar, District- Raigarh, Chhattisgarh ---- Respondent For applicant - Shri M.K. Sinha, Advocate.

For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 8/12/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.278/2016 registered in Police Station Chakardharnagar, Distt. Raigarh (CG) for offence punishable under sections 363, 365, 368, 343, 193, 511, 120-B/34 of Indian Penal Code.

2.

As per the prosecution case, on 1/09/2016 a report was made by one Murari Sharma that on 29/08/2016 when his daughter went to court to give deposition in respect of an earlier report made by the girl against one Dev Kumar under Section 376 of IPC, she did not return. Subsequently, it was found that the girl was kidnapped by Nandkishor Dansena, Panchram Dansena and Laxmi Narayan and thereafter was kept in the house of the present applicant.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and the girl was in love affair with Dev Kumar and father and brother were falsely inculpated namely Panchram Dansena and Nandkishore Dansena and the girl of her own had went

alongwith the applicant to their village and no offence has been committed, therefore the applicant may be released on bail. 4.

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

Perused the statement of the victim wherein she stated that on 30/08/2016 she went alongwith the applicant and stayed there in the house for 4 days. Taking into such statement under Section 164 of Cr.P.C. and the report of kidnapping has been denied, without further observation on the merits, 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