Allowed

Salen Toppo v. State of Chhattisgarh

Chhattisgarh HC4 Aug 2020MCRC/2060/2020

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Salen Toppo under Section 439 CrPC in a trafficking case. The applicant was to be released on personal bond with one surety, with an exception for existing bail bonds due to COVID-19 guidelines.

What did the court decide?

Release on bail under Section 439 CrPC upon furnishing personal bond of Rs. 50,000 with one surety, or via existing COVID-19 bail bonds.

Salen Toppo Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2060 of 2020

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Salen Toppo, S/o. Hiralal Toppo, Aged about 24 years, R/o. Village Parwatipur, PS Jainagar, Tahsil Surajpur, district Surajpur CG

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station- Premnagar, district Surajpur Chhattisgarh.

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---- Respondent

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For Applicant : Shri Anil Gulati, Advocate For Respondent/State : Shri H.S.Ahluwalia, Dy.AG

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Hon'ble Smt. Justice Rajani Dubey

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Order On Board

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04/08/2020

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The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.63/2019 registered at police station Premnagar, District Surajpur (CG) for the offence punishable under Sections 363 and 370(5) IPC.

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As per prosecution case, report was lodged by the complainant alleging that the applicant has trafficked his son and another boy who resides near his house to Jaipur (Rajasthan) for providing work and

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engaged them as servant. It is alleged that the applicant and the coaccused have sold the victims for money.

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Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the main allegation is against the co-accused persons and nothing has been stated against the present applicant. He further submits that the applicant is in jail since 29.09.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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On the other hand counsel for the State opposes the bail application.

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Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

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It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

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It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail

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bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish

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bail bonds within four weeks' from today.

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Sd/(Rajani Dubey) Judge

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suguna

Salen Toppo v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Salen Toppo v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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