Bhaiya Bahadur Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 262 of 2019 • Bhaiya Bahadur Singh S/o Shri Dalpratap Singh Aged About 24 Years R/o Village Charkhar, Police Station Janakpur, Tahsil Bharatpur, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Janakpur, Civil And Revenue District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Non-applicant For Applicant : Shri D. Kushwaha on behalf of Shri R. Soni, Advocate. For Non-applicant : Smt. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.01.2019 1.

This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2. Earlier, the first bail application of the applicant has been rejected by this Court on 01.12.2018 in MCRC No. 8714 of 2018 for want of prosecution.

3. Perused the Case Diary provided by the learned counsel for the State in connection with crime No. 67/2018 registered at Police Station - Janakpur, Civil And Revenue District Koriya (C.G.) for the offence punishable under Sections 365, 363, 367, 34 of the Indian Penal Code.

4. Case of the prosecution, in brief is that complainant Suraj Pal is aged about 18 years old. Complainant Dalveer is about 15 years old. Both the complainants are resident of Charkhar. On 16/06/2018 applicant took said complainants by enticing.

5. Learned counsel for the applicant argued that the applicant is a government servant. Thus, he may be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant. 7.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore