Neelkamal Ambade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 608 of 2020 • Neelkamal Ambade S/o Shital Ambade Aged About 23 Years R/o Village Maharadih (Halamkodo), Police Station Chilhati, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Chilhati, District Rajnandgaon Chhattisgarh ---- Respondent For Applicant : Shri C.R.Sahu, Advocate For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/03/2020 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.02/2019 registered at police station Chilhati, district Rajnandgaon (CG) for the offence punishable under Sections 363,366 and 376 IPC and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. As per prosecution case, report was lodged by the prosecutrix alleging that the applicant has abducted her and committed sexual intercourse with her on the pretext of marriage. Counsel for the applicant submits that as the applicant is innocent and has been falsely implicated in the crime in question. He

further submits that the applicant is in jail since 19.11.19 and the trial will take time for final disposal and therefore he may be released on bail.

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

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna