Deepak Kumar Ambade Vs the State of Chhattisgarh

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2024:CGHC:46495

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4771 of 2024

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Deepak Kumar Ambade S/o Sant Kumar Ambade Aged About 22 Years R/o Banjari, Out Post- Patankhas, Thana- Ambagarh Chauki, District- Mohla Manpur Ambagarh Chauki, Chhattisgarh. ... Applicant

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versus

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The State Of Chhattisgarh Through Sho, Police Station- Ambagarh Chauki, DistrictMohla Manpur Ambagarh Chauki, Chhattisgarh. ... Respondent

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(Cause title is taken from the CIS)

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For Applicant	: Shri Samir Singh, Advocate
For Respondent/State	: Shri TS Sahu, PL

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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27.11.2024

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Heard on the application filed under Section 439 of the CrPC. This is the first bail application before this Court filed by the applicant for grant of regular bail.

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The applicant was arrested on 11.04.2024 in connection with Crime No.171 of 2022 registered at PS- Ambagarh Chauki, District- Mohla Manpur Ambagarh Chauki, Chhattisgarh for the offence punishable under Sections 363, 366 and 376 (2)(n) of the IPC, and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

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Mcrc 4771 of 2024

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2

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Case of the prosecution in brief is that on 19.06.2022, mother of prosecutrix lodged a missing report that her minor daughter is missing since 18.06.2022, and her whereabouts could not be traced out. Police registered FIR for the offence under Section 363 of the IPC and started investigation. During investigation, prosecutrix was recovered on 11.04.2024 from waiting hall of bus stand Banjari. After recording the statement of prosecutrix, offence under Sections 366, 376, of the IPC and Sections 4 and 6 of the POCSO Act have been added. Applicant has been arrested on 11.04.2024 and chargesheet has been filed.

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Learned counsel for the applicant would submit that prosecutrix being a major girl, having love affair with the applicant, both of them eloped and went to Bangaluru, performed marriage and resided there and were earning their livelihood. After two years, when they were returning back from Bangaluru, they were taken into custody at village Banjari. He would further submit that she herself eloped with the applicant and had consensual physical relation with him, without there being any objection. She performed marriage with him and resided in Bangaluru. Applicant has not committed any offence of rape with her. Applicant is in jail since 11.04.2024 and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail.

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On the other hand, learned State counsel opposes the bail application, and would submit that from the evidence collected during the investigation, prosecutrix appears to be minor, and she was subjected to sexual intercourse by the applicant. Hence the applicant is not entitled for bail.

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Mcrc 4771 of 2024

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3

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Considering the submissions made by learned counsel for the parties, also considering the nature of allegations, material collected by the prosecution during investigation, further that prosecutrix remained in company of applicant at Bangaluru for about two years, applicant is in jail since 11.04.2024, and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail.

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Accordingly, the bail application filed by the applicant- Deepak Kumar Ambade, s/o Sant Kumar Ambade, is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions:

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i. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

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ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

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iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted.

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Certified copy as per rules.

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Sd/-

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(Ravindra Kumar Agrawal) JUDGE

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padma

Deepak Kumar Ambade v. the State of Chhattisgarh

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Deepak Kumar Ambade v. the State of Chhattisgarh

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