Devendra Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7289 of 2021 • Devendra Tandon S/o Late Jaganlal Tandon Aged About 21 Years R/o Belargaon, Police Station Sihava, District Dhamtari Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Sihava, District Dhamtari Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati, Advocate For Respondents/State :

Ms. Akshara Amit, PL Hon'ble Shri Justice Goutam Bhaduri Order 16/12/20

1. Heard.

2. 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 19.07.2021 in connection with Crime No.101/2021 registered at Police Station Sihava, District Dhamtari (CG) for the offence punishable under Sections 363, 366, 376-2, 506 Part-II, 323, 294, 427, 324 IPC and Section 6 of the Protection of Children from Sexual Offences Act.

3. As per the prosecution case, the applicant knowing full well that the victim is a minor allured her on the pretext of marriage and took her to his house and committed forceful sexual intercourse against her will and thereafter extended

the threat.

4. Learned counsel for the applicant submits that the victim is more than 17 years and she was in love relation with the applicant and no forceful relation was established, therefore, the applicant may be released on bail.

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

6. Perusal of the order-sheet dated 08.11.2021 would show that on the said date the prosecutrix along with the father appeared before this Court through Video Conferencing from DLSA, Dhamtari and they objected to grant to bail to the applicant.

7. Considering the nature of allegation and the objection, I am not inclined to release the applicant on bail.

8. Accordingly, the application is dismissed. SD/Sd/- Goutam Bhaduri Judge Ashu