Kamlesh Kumar Ravte @ Ajay v. The State Of Chhattisgarh,

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.7870 of 2021 • Kamlesh Kumar Ravte @ Ajay S/o Johan Ravte, Aged About 21 Years R/o. Village - Khurshitikul, Thana - Dongargaon, District - Rajnandgaon Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh, Through - Police Station - Dongargaon, District - Rajnandgaon Chhattisgarh ---- Non-applicant For Applicant : Mr. Samir Singh, Advocate.

For Non-applicant/State : Mr. Ashish Tiwari, Govt. Advocate.

S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 17-11-2021S d/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the second bail application filed for grant of regular bail. The first bail application was dismissed as withdrawn in M.Cr.C. No.4973/2021 on 04.08.2021. The applicant has been arrested on 25.06.2021, in connection with Crime No.118/2021, registered at Police StationDongargaon, District- Rajnandgaon, C.G. for offence punishable under Sections 363, 366 and 376 of I.P.C. and Sections 04 and 06 of POCSO Act.

2. It is submitted by the learned counsel for the applicant that this applicant has been falsely implicated in this case. The applicant is in jail since 04.08.2021. The prosecutrix has been examined in the trial and she is not a reliable witness, therefore, it is prayed that the applicant may be

-2granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

4. The prosecutrix and her mother is virtually present before this Court through the Help Desk of D.L.S.A. Rajnandgaon. The mother of prosecutrix has objection in grant of bail to the applicant.

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

6. As per prosecution case, this applicant abducted the minor prosecutrix, kept her in his custody and exploited her sexually, knowing well that she is a minor and incapable of giving a valid consent. Hence, this case.

7. Considered on the submissions and also perused the certified copy deposition of the prosecutrix and after perusal of the same, I am of this view that this applicant should be granted bail.

8. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika