Smt. Dutami Kerketta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8648 of 2016 Smt. Dutami Kerketta, W/o. Arjun Kerketta, Aged About 35 Years, R/o. Delhi Shivaji Enclave DDA Flat Narth Delhi, Thana- Rajouri Garden, B- 21 C Delhi.

---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police Station- City Kotwali, Raigarh, District- Raigarh, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate For Respondent :

Mr. Ashutosh Pandey, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/01/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.647/2016 registered at Police Station- City Kotwali, Raigarh (C.G.) for the offence punishable under Section 370 & 374 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that an FIR was lodged by the victim on 25.10.2016 that she was called by the present applicant to join her at the Raigarh Railway Station so as to get her employed at Delhi and when she went there, thereafter, with the police intervention, the applicant was caught. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the applicant was known to the mother of the victim and in the statement under Section 164, the

entire allegations have been diluted, therefore, under these circumstances, the applicant may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statement under Section 164 also wherein the entire allegations against the present applicant have been diluted by the victim. Taking into such fact, without any observation on merit, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok