High Court Of ChhattisgarhMCRC/8507/2016allowed

Suman Xaxa v. State Of Chhattisgarh

2017-01-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8507 of 2016 • Suman Xaxa S/o Isdore Xaxa Aged About 26 Years Caste Uraon, R/o Kharwatoli, Jambahar, Police Station Tepkara, Tahsil Fharshabahar, District Jashpur, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Tapkara, District Jashpur, Chhattisgarh. --- Respondent For the applicant :

Mr. Sanjeev Sahu, Advocate For the Respondent :

Mr. U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.01.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.61 of 2016 registered at P.S. Tapkara, Distt. Jashpur (C.G) for the offence punishable under Sections 363, 366(A), 370, 34 of IPC

2. As per the prosecution case, a report was made by the complainant Ramphal Ram on 11.07.2016 that his minor daughter was taken away by the present applicant & others and she was made to work as a domestic lady at Delhi. Subsequently when the girl was recovered, the offence is alleged to have been committed.

3. Learned counsel for the applicant would submit that the victim has been examined before the Court and no allegations have been attributed against the applicant and the victim herself went along-with the present applicant and stayed in the house of sister of the applicant, therefore, no offence has been committed. He further submits that the

charge sheet has been filed and the applicant is in jail since 14.07.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the statement of the victim.

6. Considering such statement of the victim and the nature of allegations, without any further observations on merits of the the case, I am inclined to release the applicant on regular bail.

7. Accordingly, the bail 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 concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o