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2025 DAILYLAW 9532 (CHH)

AJAY TANDON v. STATE OF CHHATTISGARH

MCRC/1528/2025 · 2025-03-24

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:14155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1528 of 2025 1 - Ajay Tandon S/o Gani Lal Tandon Aged About 24 Years R/o Ward No. 14 Abadipara, Chanderi, P.S. Simga District- Balouda Bazar Bhathapara (C.G.) (Surname Of Applicant Wrongly Mentioned As Tondon In Place Of Tandon) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Bemetara District- Bemetara (C.G.) ... Respondent(s) For Petitioner(s) : Shri F.S.Khare,Advocate For Respondent/State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/03/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 700/2024 registered at police station Bemetara, District Bemetara (CG) for the offence punishable under Sections 137(2), 87, 64(1), 64(2)(m) of the BNS and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.25 16:22:51 +0530 2 Prosecution case in brief is that the applicant was having love affair with the prosecutrix and when the parents of the prosecutrix objected, she eloped with the applicant and visited several placed and they developed physical relations. On 14.12.2024, the GRP caught them and handed over to the police Raipur from where they were taken to Bemetara. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix and the applicant were having love affair and she was a consenting party. He submits that the prosecutrix was aged about 17 years and 10 months and the applicant is aged about 24 years. He further submits that the applicant is in jail since 16.12.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 5. Victim and her father appeared through the concerned DLSA and have no objection for grant of bail. 6 Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and the fact that the prosecutrix and the applicant were having love affair and the applicant is in jail since160.12.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take 3 sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge