Ajeet Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8571 of 2021 Ajeet Kumar S/o Sevak Thakur Aged About 22 Years R/o Village - Basin, Post - Mohgaon, Tahsil - Saja, District - Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh --- Applicant

Versus

State of Chhattisgarh through Out Post - Devkar, Thana - Saja, District Bemetara (Chhattisgarh).

---- Respondent For the applicant :

Mr. Samir Singh, Advocate.

For the Respondent :

Mr. Ajay Kumrani, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 444/2021 registered at Police Station Outpost Devkar, P.S. Saja, Distt. Bemetara (C.G) for the offences punishable under Sections 363, 366, 354, 456 of IPC and Section 8 of Protection of Children from Sexual Offences Act.

2. As per the prosecution case, on 16.10.2021 the applicant caller the prosecutrix on her mobile at about 2 a.m., thereafter when she opened the door, he dragged her out. The report of the incident was made on 17.10.2021 by the mother of prosecutrix and eventually, the victim came back herself.

3. Learned counsel for the applicant would submit that it is a case of lover affair, the victim is aged about 17 years & one month and she voluntarily accompanied the applicant and neither any force/pressure was exerted nor any sexual

abuses were caused on her. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicant may be enlarged on bail.

4. On 08.12.2021, the victim along with her mother appeared through Video Conferencing and objected to grant of bail.

5. Learned State Counsel also opposes the bail application.

6. Considering the nature of allegations made against the applicant and the age of the prosecutrix, who seems to be more than 17 years old and no sexual abuses were reported to be caused on the victim and further considering the fact that the charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 17.10.2021, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao