Partly allowed

Girdhari Sarathi v. State Of Chhattisgarh

Chhattisgarh HC2 Nov 2015MCRC/5744/2015

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC regarding offences of kidnapping abduction bonded labour and IPC charges, the High Court dismissed the application for Girdhari Sarathi and Sheela but allowed it for Rinki @ Sushila to be released on bail.

What did the court decide?

Bail application dismissed for Girdhari Sarathi and Sheela @ Chudiharin Bai; bail allowed for Rinki @ Sushila on a personal bond of Rs.25,000/-.

Girdhari Sarathi Vs State Of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 5744 of 2015

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Girdhari Sarathi S/o Ganesh Sarthi, Aged About 55 Years R/o Village Khamhar, P.S. And Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh

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Rinki @ Sushila W/o Lalit Vishwakarma, Aged About 30 Years R/o Village Khamhar, P.S. And Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh

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Sheela @ Chudiharin Bai W/o Girdhari Sarathi, Aged About 52 Years R/o Village Khamhar, P.S. And Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh

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---- Petitioners

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Versus

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State Of Chhattisgarh Through: The Station House Officer, Police Station Dharamjaigarh, District Raigarh, Chhattisgarh

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---- Respondent

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For the applicants : Mr. Shivendra Bhardwaj, Advocate For the Respondent : Mr. Anupam Dubey, Govt. Advocate.

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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02.11.2015

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This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 187 of 2015 registered at P.S. Dharamjaigarh, District Raigarh (C.G) for the offence punishable under Sections 363, 370, 374, 342/34 of IPC.

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The prosecution case in brief is that the applicants along-with other co-accused abducted complainant Ku. Sita Sidar in the year 2011 and took her to Delhi where she was forced to work against her will as bonded labour and did not pay any remuneration and thereby committed the aforesaid offence.

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Learned counsel for the applicant submits that actually the offence has been committed by one Janardhan Yadav, therefore the the other co-accused has been enlarged on bail by this Court in M.Cr.C.No.5106/2015 vide order dated 28.09.2015. He submits that the age of the complainant is 20 years and the charge sheet has

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already been filed and the offence are triable by the JMFC. He prays for releasing the applicants on bail.

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On the other hand, learned State Counsel opposes the bail application.

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Taking into consideration the statement of the complainant Sita Sidar wherein direct allegations have been made against applicants Girdhari Sarathi Sheela @ Chudiharin Bai, I am not inclined to release them on regular bail. Bail Application of applicants 1 & 3 is dismissed with liberty to renew the prayer before the trial Court after examination of the complainant.

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Considering the allegations against applicant Rinki @ Sushila, her bail application is allowed.

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Accordingly, applicant No.2 Rinki @ Sushila is directed to be released on bail on her executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . She is directed to appear before the said Court on each and every date given by the said Court.

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C.c. as per rules.

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Sd/-

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GOUTAM BHADURI JUDGE

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Rao

Girdhari Sarathi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Girdhari Sarathi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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