RATAN SAHU vs STATE OF CHHATTISGARH

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has

been arrested in connection with Crime No.43/2017 registered at Police Station Vishrampuri, District Kondagaon for the offence punishable under

Sections 366,120-B, 343/34 and 506 B of the Indian Penal Code.

Case of the prosecution in brief is that co-accused Suryakant Sahu abducted and detained the prosecutrix against her wishes and thereby

committed the aforesaid offence.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in crime in question. The applicant has been arrested

and detained in jail since 13-07-2017, charge-sheet has already been filed and no useful purpose will be served by detaining him in jail, therefore, he

may be released on regular bail.

On the other hand, learned counsel for the State would oppose the bail application.

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

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, role of the

present applicant and the fact that co-accused Mahendra Sahu has been granted regular bail by this Court on 08-01-2018 in M.Cr.C. No.5476/2017,

he is in custody since 13-07-2017, this Court is of the opinion that present is a fit case in which the applicant should be enlarged on regular bail.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his

furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance

as and when directed.