Ajay @ Pintu Jangade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2797 of 2019 • Ajay @ Pintu Jangade S/o Bhagbali Jangade Aged About 22 Years R/o Village Sakari, P.S. Vidhansabha, District- Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer Rajim, DistrictGariyaband, Chhattisgarh ---- Non Applicant For the Applicant :

Shri Jitendra Gupta, Advocate For Non Applicant :

Shri SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.63/2019 registered at Police Station- Rajim, District- Gariyaband (C.G.) for the offence punishable under Sections 363, 366, 376 of Indian Penal Code and Section 6 of POCSO Act.

3.

Case of the prosecution, in brief is that on 09.03.2019 prosecutrix was more than 16 years of age. She is resident of village Sakri. There was the love affair between her and applicant. On 09.03.2019, he took her by enticing on pretext of the marriage and committed repeatedly sexual intercourse with her. 4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicant in police case diary.

6.

Looking to the facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court, he shall be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Parul