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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 9632 of 2022

Vikas Kumar Kenvat S/o Santosh Kenvat Aged About 18 Years R/o Village

Jawali (Indira Nagar) Police Station - Bankimongra, Tahsil Katghora, District -

Korba (C.G.)

--- Applicant

Versus

State Of Chhattisgarh The Station House Officer, Police Of Police Station -

Bankimongra, District Korba (C.G.)

---Respondent

For Applicant

-

Shri Govind Ram Miri Sr. Advocate with

Shri Basant Kaiwartya, Advocate

For State

-

Shri Adil Minhaj, GA

Order on Board by Hon'ble Shri Justice

Sachin Singh Rajput

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/01/2023

This first application under Section 439 of the Code of Criminal

Procedure has been filed by the applicant who is in custody in connection

with Crime No. 97/2022 registered at Police Station Bankimongra, District

Korba, CG for the offence punishable under Sections 363 and 366 IPC.

2.

Case of the prosecution in short is that the applicant enticed away a

minor girl and that she was recovered from his custody.

3.

Counsel for the applicant submits that the applicant is innocent and

has been falsely implicated in the case, and that the prosecutrix had

accompanied the applicant of her own. He submits that in her 164 CrPC

statement, the prosecutrix has not made any allegation against the applicant.

He further submits that the applicant is in jail since 26.08.2022 and that the

trial may take some time for conclusion, therefore, he may be released on

bail.

4.

State counsel opposes the application for bail and submits that looking

to the fact that the applicant took away the minor prosecutrix, he is not

entitled for bail.

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5.

Considering the rival submissions made on behalf of the parties, the

facts and circumstances of the case, the 164 CrPC statement of the

prosecutrix, that the applicant is in jail since 26.08.2022, and that the trial

may take some time for conclusion, this Court is of the opinion that it is a fit

case to release the applicant on bail. Accordingly, the application is allowed

and the applicant is directed to be released on bail on his furnishing a bond

in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction

of the concerned Court for his appearance before that Court as and when so

directed.

Sd/-

(Sachin Singh Rajput)

Judge

Jyotishi