Vinay @ Chintu @ Yash Dubey v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6554 of 2019 • Vinay @ Chintu @ Yash Dubey S/o Shri Vijay Dubey Aged About 21 Years R/o Seoni, P. S. Marwahi, District Bilaspur Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Sho, P. S. Sarkanda, District Bilaspur Chhattisgarh ---- Respondent For Applicant : Shri Achhyut Tiwari, Advocate For Respondent/State : Shri Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 02/12/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.513/2019 registered at police station Sarkanda,, District Bilaspur (CG) for the offence punishable under Sections 363,366 and 376 IPC.
Case of the prosecution in brief is that father of the prosecutrix lodged a report at police station alleging that the applicant took away his daughter from lawful guardianship and got married in a temple. Counsel for the applicant submits that the prosecutrix left with the applicant of her own and they got married in a temple He submits that the prosecutrix is more than 17 years of age. He submits that the
applicant is in jail since 09.09.2019; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna