Chattisgarh High Court
Jagmohan Singh vs State Of Chhattisgarh on 4 January, 2022
1
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 8335 of 2021
1. Jagmohan Singh S/o Mansingh aged about 35 Years Caste Gond,
R/o Village Mani Talab Para, P. S. Pratappur, District Surajpur
Chhattisgarh
2. Motilal S/o Vriksharam aged about 27 Years Caste Gond, R/o
Village Dumarkholi, P. S. Pratappur, District Surajpur Chhattisgarh
----Applicants
Versus
• State of Chhattisgarh Through Station House Officer, Police
Station Basantpur District Surajpur Chhattisgarh
---- Non-applicant
For Applicants : Mr. Pushpendra K. Patel, Advocate
For Non-applicant/State : Ms. Seema Dixit, Panel Lawyer
Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER
04/01/2022
1. Applicants have filed this application under Section 439 of CrPC for grant of regular bail as they have been arrested in connection with Crime No. 134/2021 registered at Police Station-Basantpur, District Balrampur, Ramanujganj (C.G.) for the offence punishable under Sections 363, 366(A), 365, 323, 34 of IPC.
2. Case of prosecution is, that on 27.08.2021 at about 11:30 am, when victim minor girl child was in her school at Murkoul, Kushwahapara, Balrampur, applicants came there and have forcefully taken away the minor child from possession of Head Master of the school. In the altercation, Head Master of the school who is complainant fell down and suffered minor injuries over her hand. Incident was reported to concerned police station, based upon which, aforementioned crime was registered against 2 applicants and they were arrested on 28.08.2021 & 02.09.2021.
3. Learned counsel for applicants would submit that the minor girl child is the daughter of applicant No. 1. Due to some matrimonial dispute, wife of applicant No. 1 is residing separately for no reason. From their wedlock they were blessed with two children. Victim minor girl child, aged about 07 years, is elder one and one another younger son aged about 03 years. Son of applicant No. 1 is residing with him and to provide better care and protection, applicant No. 1 wanted the girl child also to stay with him and therefore he brought the girl child with him from her school. There was no intention of applicants to commit any offence as alleged against them. Applicants are in jail since 28.08.2021 and 02.09.2021, hence, they may be released on regular bail.
4. Learned State counsel, while opposing the submissions of learned counsel for the applicants, would submit that applicants entered into school premises and forcefully abducted the girl child aged about 07 years from possession of complainant, Head Master of the school, hence, there is prima facie involvement of applicants in aforementioned crime. However, upon putting specific question with regard to relationship of applicant No.1 with the minor girl child who is stated to be abducted from her school, learned State counsel submits that in the statement of mother of girl child it has come that applicant No. 1 is the father of girl child and due to some quarrel between them they were residing separately. Learned counsel read-over the statement of Kamla w/o applicant No. 1 and mother of minor girl child, in support of her contentions.
5. I have heard learned counsel for the parties. 3
6. Taking into consideration, nature of allegations, facts and circumstances of the case, relationship of applicant No. 1 with the minor girl child, period of pre-trial detention, without commenting anything on merits, I am inclined to allow the bail application.
7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the Court on the conditions that-
a) Applicants shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) The applicants shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicants are found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge Pawan