Chattisgarh High Court
Etwar Sai Manikpuri @ Atwar Sai vs State Of Chhattisgarh on 16 December, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8720 of 2021
Etwar Sai Manikpuri @ Atwar Sai S/o Hariram Aged About 55 Years R/o
Rajpurikhurd, Saraipara, Police Station And Tehsil Ambikapur District Surguja
Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur
District Surguja Chhattisgarh
---- Respondent
For Applicant : Shri Amarnath Pandey, Advocate
For Respondent - State : Shri Jitendra Shukla, PL for the State
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board
16.12.2021
1. This is the first bail application filed 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.846/2020 registered at Police Station
Ambikapur, District - Surguja, (CG) for the offence punishable under
Sections 363 and 366 of the IPC.
2. As per the prosecution case, the complainant has lodged a complaint on
08.12.2020 at about 5.30 p.m. that the appellant has kidnapped his minor
daughter in a motorcycle.
3. Learned counsel for the applicant submits that the applicant and his son
were earlier arrested on the charges of rape. In that case also allegation
against the applicant is that he had given shelter to his son and
complainants' daughter. After completion of Special Sessions Case
No.06/2020 (POCSO), Ambikapur vide judgment dated 12.07.2021, the
applicant was acquitted from the charges and his son was convicted and he
is in jail. The applicants' son and the daughter of the complainant on her
own will came to his house and further submits that applicant never
kidnapped her but also advised her to go to his fathers' house but she
refuses to go. The applicant has been falsely implicated therefore, he may
be enlarged on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
5. Having heard learned counsel for the parties, having regard to the facts and
circumstances of the case, particularly considering the statement given by
the victim girl under Section 164 of the Cr.P.C. during the investigation that
she went to the applicant house on her own volition as her mother scolded
for her conduct repeatedly and further that there is no likelihood of the
applicant tampering with the prosecution evidence or absconding and
conclusion of trial may take some time, the application is allowed.
6. It is directed that in the event of the Applicant's executing a personal bond
for a sum of Rs.5,000/- with one surety in the like sum to the satisfaction of
the concerned trial Court, he shall be released on bail on the following
conditions :-
(a) he shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the Court.
(b) he shall not act in any manner which will be prejudicial to fair and
expeditious trial, and
(c) he shall appear before the trial Court on each and every date given to
him by the said Court till disposal of the trial,
(d) he shall not involve himself in any offence of similar nature in future.
Sd/-
(Deepak Kumar Tiwari)
Judge
Yasmin
