Aklesh @ Akhilesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4462 of 2020 Aklesh @ Akhilesh S/o Chamru Ram Aged About 19 Years Residence Of Village Daura Uparpara Out Post Daura, Police Station Pasta, DistrictBalrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through, Out Post Daura, Police Station Pasta, District- Balrampur Ramanujganj, Chhattisgarh. ---- Respondent For the Applicant :

Shri Vikash Pandey, Advocate.

For the Respondent/State :

Shri D.P. Singh, Dy. A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

17.07.2020 Heard.

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.3 of 2020, registered at Police Station - Pasta, District - Balrampur - Ramanujganj, Chhattisgarh for the offence punishable under Sections 354(A) and 376 of the Indian Penal Code and Sections 4 and 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for the applicant submits that the applicant is in jail since 22.1.2020 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the

Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the age of the victim on the date of incident was about 15 years 2 months and the offences registered against the applicant and the allegations made are of serious nature. Hence, no case is made out for grant of regular bail to the applicant.

4.

Heard counsel for both the parties and perused the case diary. 5.

It is alleged that this applicant had been constantly molesting and outraging the modesty of the victim for sometime and has committed the offence of rape with her.

6.

After considering the entirety of the material present in the case of the applicant, I am of the view that the applicant does not deserve to be released on regular bail.

7.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi