Balram @ Ankit Anand v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6211 of 2019 • Balram @ Ankit Anand S/o Ajad, aged 21 years, village Pinana, Police Station Mohana, District Sonipat (Haryana) ---- Applicant

Versus

• State Of Chhattisgarh Through : Police Station Balco Nagar, District Korba, Chhattisgarh.

---- Respondent For Applicant :

Shri Sanjay Agrawal, Advocate For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /11/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.259/2019, registered at Police Station - Balco Nagar, District Korba (C.G.) for the offence punishable under Sections 363 and 366-A IPC.

2.

The prosecution story, in brief, is that complainant Memvati Yadav, mother of the prosecutrix, lodged a missing report alleging therein that her daughter is studying in class 12 and on 19.07.2019 she left the house without any information. During investigation, it was revealed that the applicant took the prosecutrix with him to his house at Haryana. Based on this report, offence has been registered. Present applicant has been taken into custody on 11.08.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the age of the prosecutrix is 17 years, there was love affair between the prosecutrix and the

applicant, the prosecutrix accompanied the applicant of her own, and in 161 Cr.P.C. statement, she has not uttered anything against the applicant. He also submits that the present applicant is in custody since 11.08.2019, charge sheet has been filed and there is no likelihood of his case being decided in near feature. Therefore, he may be released on bail.

4.

On the other hand, learned State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, and further considering the fact that the applicant is in custody since 11.08.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Pekde