Ajay Kumar Mandavi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2643 of 2016 • Ajay Kumar Mandavi S/O Sudarshan Mandavi Aged About 20 Years Caste Gond, R/O Village Dhanapayali, Thana Ambagarh Chowki, Civil & Rev. District Rajnandgaon Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Ambagarh Chowki, Civil And Rev. Distt. Rajnandgaon Chhattisgarh. ----Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Punit Ruperal, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 07-04-2016 in connection with Crime No. 67 of 2015, registered at Police Station Abargarh Chowki, District Rajnandgaon (CG) for the offence punishable under Sections 366 & 376 of the IPC.

2.

As per prosecution case, a report was made by the prosecutrix that the applicant on the pretext of marriage has committed sexual intercourse with the prosecutrix and when she was having pregnancy of seven months, at that time, the applicant refused to marry her.

3.

Learned counsel appearing for the applicant submits that the applicant was incepted DNA test of the baby wherein the allegation can be substantiated and has been falsely implicated. He would further submit that charge-sheet has been filed in this

cases and the applicant is in jail since 7-4-2016, therefore, he may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail 5.

I have heard learned counsel for the parties and have also perused the case diary and the documents. Earlier occasion the State counsel sought time for placement of DNA test, however, the same has not been made a part of the case diary so far. 6.

Taking into consideration facts and circumstances and the fact that charge-sheet in this case has been filed and the applicant is in jail since 7-4-2016 and in absence of DNA report, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the 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/- (Goutam Bhaduri) Judge Raju