Ashish Kumar Gupta (Ashish Gupta) v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6518 of 2019 • Ashish Kumar Gupta (Ashish Gupta) S/o- Pankaj Kumar Gupta (Pankaj Gupta) Aged About 20 Years R/o- Village-Salhepur, P.O. And Chowki-Deokar, Tehsil And P.S.-Saja, District - Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Chowki-Deokar, P.S.-Saja, DistrictBemetara, Chhattisgarh, District : Bemetara, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Pawan Shrivastava, Advocate For Respondent/State : Shri V.K. Agrawal, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 02.12.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.300/2019, registered at Police Station Saja (Chowki Deokar) District Bemetara(CG) for the offence punishable under Sections 363, 354, 506 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

As per the case of prosecution, the applicant prepared a tik-tok video of the prosecutrix and himself and made that viral. 4.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He submits that the prosecutrix and the applicant were in love affair. He further submits that applicant

is in jail since 21.9.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita