High Court Of ChhattisgarhMCRC/6945/2019allowed

Ramdas v. State Of Chhattisgarh

2019-12-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6945 of 2019 • Ramdas S/o Bheekham Das Aged About 22 Years, R/o Daukapa, Thana - Jarhagaon, District Mungeli, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Thana Prabhari Kota, District - Bilaspur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Krishna Kumar Khatri, Adv.

For Respondent/State :

Mr. Wasim Miyan, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16/12/2019

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. 417/2019 registered at Police Station-Kota, District-Bilaspur (C.G.) for the offence punishable under Sections 363 and 366 of the IPC.

2. The prosecution story, in brief is that complainant lodged a report that on 09.09.2019 the present applicant seduced complainant's daughter and taken away with him and the prosecutrix recovered from the possession of 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 age of the prosecutrix is above 17 years and had love affair between them. The applicant is in jail since 12.09.2019, 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 the age of the prosecutrix is above 17 years. The present applicant is in jail since 12.09.2019 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