Ajay Gendre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2338 of 2020 Ajay Gendre S/o Shri Baran Gendre Aged About 28 Years R/o Village - Khurusbod, Chowki - Devkar, Police Station - Saja, District - Bemetara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Chowki - Devkar, Police Station - Saja, District - Bemetara Chhattisgarh.

---- Respondent For Applicant : Mr. Vaibhav A. Goverdhan, Advocate For Respondent/State : Mr. Adil Minhaj, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/06/2020 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.99/2020, registered at Police Station - Saja, Chowki- Devkar, District - Bemetara (C.G.) for the offence punishable under Section 354 (d) (?k) of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant. The applicant is in jail since 24.04.2020. Hence, it is prayed that the applicant may be enlarged on regular bail. 3.

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

application and the submissions made in this respect. 4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

According to the prosecution case, this applicant outraged the modesty of the minor victim by using physical force and also by kissing on her cheek, regarding which FIR has been lodged.

6.

After considering the facts and circumstances of the case and further taking into consideration the period of detention, the applicant has under gone in jail and, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram