Amarjeet Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Amarjeet Jangde, S/o Durgaprakash Jangde, aged about 20 years, R/o Satnam Chowk Katulbod, P.S. Mohan Nagar, District Durg (C.G.) ---- Applicants

Versus

State Of Chhattisgarh, Through: Station House Officer, Police Station Khursipar, District Durg (C.G.) ---- Non-applicant For Applicant:

Mr. S.K. Agrawal, Advocate.

For Non-applicant/State:Mr. Aditya Sharma, Panel Lawyer. For Objector:

Mr. Arun Kochar, advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 5 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 429/2015 registered at Police Station Khusipar, District Durg for the offences punishable under Sections 363, 366 A & 376 of Indian Penal Code and Sections 3 & 4 of Prevention of Children from Sexual Offences Act, 2012.

(2) Case of the prosecution, in brief, is that applicant kidnapped the minor prosecutrix on 30.11.2015 and seduced her to illegal intercourse and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed any offence; and as per Radiologist Report prosecutix is major girl. He further submits that applicant is in jail since 3.12.2015 and the charge sheet has already been filed and, therefore the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts and circumstances of the case; particularly age of the prosecution, who is said to be the minor on the date of offence; I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-