High Court Of ChhattisgarhMCRC/6497/2019allowed

Dilip Das Mahant v. State Of Chhattisgarh

2019-11-29Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6497 of 2019 • Dilip Das Mahant S/o Sagar Das Mahant Aged About 22 Years, R/o Bus Stand Rampur, P. S. Kartala, District Korba, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House Officer, P. S. Kartala, District Korba, Chhattisgarh.

---- Respondent For Applicant :

Mr. Govind Ram Miri, Adv.

For Respondent/State :

Mr. Akhtar Hussain, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29/11/2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 103/2019 registered at Police Station Kartala, District-Korba (C.G.) for the offence punishable under Sections 363 and 366 (A) of the IPC.

2. The prosecution story, in brief is that on 26.08.2019 complainant Sunil Nishad lodged a report that on 22.08.2019 at night someone seduced her daughter and taken away with him and also said that he has suspicion upon the present applicant. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 11.09.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that charge-sheet has been filed and the present applicant is in jail since 11.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu