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High Court Of ChhattisgarhMCRC/9873/2018modified

Pandru @ Pandri And ANR. v. State Of Chhattisgarh

2019-03-12Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9873 of 2018

1. Pandru @ Pandri S/o Phaganu Madiya Aged About 50 Years

2. Smt. Sanno W/o Pandri Aged About 45 Years Both R/o Village Parapur Police Station Lohandiguda District Baster CG ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, police Station Lohandiguda District Bastar CG ---- Respondent For applicants Mr. Malay Shrivastava, Adv.

For non-applicant/State Mr. Vinod Tekam, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12-31. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 10/2018 registered in police station Lohandiguda, Distt. Bastar (CG) for offence punishable under Sections 366, 370(2) of the IPC.

3. Perused the case diary.

4. Prosecution story in brief is that in the month of April, 2012 prosecutrix was more than 18 years of age. She is a resident of village Tengapara, Parapur. In the month of April, 2012 the applicants took her to Banglore enticing her to provide job at Banglore. As per true copy of the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., she and one person namely Khuda Gawah have performed marriage in the year 2014. Now she is residing with him at Gadhava.

5. Counsel for the applicants argued that the applicants are innocent and have been falsely implicated hence they be released on bail.

6. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicants in the police case diary.

7. Looking to the above facts and circumstances of the case, as the trial will take its own time, application is allowed. It is ordered that if each of the applicants furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, they be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak