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Chhattisgarh High Court · body

2011 DIGILAW 161 (CHH)

Vinod Kumar Sahu v. State of C. G.

2011-04-25

T.P.SHARMA

body2011
ORDER T.P. Sharma, J. 1. This is the application under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 244/2005, registered at Police Station-Bhatapara (City), Distt. Raipur for the offence punishable under Sections 363 and 366/34 of the I.P.C. 2. I have heard learned Counsel for the parties and perused the case diary. 3. Learned Counsel for the applicant submits that this is the First Bail applacation filed on behalf of applicant for grant of regular bail. No. other application of the nature is pending or decided by this Court or by the Apex Court. The application is supported by the affidavit of Yogeshwar Prasad Sahu, elder brother father of the applicant. Learned Counsel further submits that the present applicant has not committed any offence and he has married with Rani Soni who subsequently became Rani Sahu after her marriage with the applicant and at present she is residing in the house of the applicant along with her two children. She has filed affidavit before the Additional Sessions Judge, Bhatapara in support of claim of the applicant. She has also filed a copy of marriage certificate. The prosecutrix and the present applicant are husband and wife having two kids. 4. On the other hand, learned State counsel opposes the bail application and submits that initially the present applicant has kidnapped and abducted the prosecutrix and has committed the aforesaid offence in the year 2005. 5. On due consideration of the material collected on behalf of the prosecution and order passed by the Additional Sessions Judge, Bhatapara revealing the fact that the prosecutrix has filed affidavit in support of the applicant that she is wife of the present applicant, I am of the view that present is a fit case to enlarge the applicant on regular bail. Accordingly, the bail application filed under Section 439 Code of Criminal Procedure is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one solvent surety in the like amount to the satisfaction of the trial court. He shall appear before the trial court as and when directed by the said Court.