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High Court Of ChhattisgarhMCRC/7006/2018allowed

Ravi Kumar Tandan v. State Of Chhattisgarh

2018-10-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7006 of 2018 • Ravi Kumar Tandan S/o Naresh Kumar Aged About 24 Years R/o New Adarsh Nagar, Near Katyanee Mandir, Atal Awas, Durg, Police Station Durg, Out Post Padmnabhpur, District - Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Durg, District - Durg, Chhattisgarh.

---- Respondent For Applicant : Shri Shrawan Agrawal, Advocate For Respondent : Shri Anupam Dubey, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order On Board 26/10/2018 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.576/2018 registered at police station Durg, district Korba (CG) for the offence punishable under Sections 363,366 & 376 IPC and Sections 5(1) and 6 of the Protection of Children from Sexual Offences Act.

As per prosecution case, on 19.07.18, report was lodged by mother of the prosecutrix that her daughter is missing. It was further case of the prosecution that on 28.07.2018, written report was lodged by the complainant (mother of the prosecutrix) that the applicant had allured her daughter to Shirdi and had performed marriage.

Counsel for the applicant submits that the applicant has been falsely implicated and that the prosecutrix was having love affair with him. He further submits that the applicant is in jail since 29.07.2018 and the trial will take time for final disposal and therefore he may be released on bail. On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna