The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of the Cr.P.C. based on the finding that the applicant had not committed the alleged offence and had been falsely implicated.

1. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he is arrested in connection with Crime No.40/2012, registered at Police Station-Gendatola, Distt. Rajnandgaon, for the offence punishable under Sections 363 and 366 of the IPC.

2. I have heard learned counsel for the parties and perused the case diary.

3. Learned counsel for the applicant submits that this is First Bail application filed on behalf of the applicant for grant of regular bail. No other application of the nature is pending or decided by this Court or by the Apex Court. The application is supported by an affidavit of Ashok Kamble, father of the applicant.

4. Learned counsel for the applicant further submits that the applicant has not committed any offence and he has been falsely implicated in crime in question, he is in custody since 28.6.2012. Even as per case of the prosecution, the complainant is known to the applicant, they are in talking terms, both had agreed to leave the parental house of the complainant and at the time of leaving the house of the complainant, they were caught red-handed. The complainant is aged about 18 years.

5. On the other hand, learned Panel Lawyer for the State opposes the bail application and submits that the present applicant has enticed the complainant who aged about 18 years and has committed the aforesaid offence.

6. On due consideration of the material collected on behalf of the prosecution and submission of the complainant, I am of the view that present is a fit case to enlarge the applicant. Accordingly, bail application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Rajnandgaon. He shall appear before the said Court as and when directed by the said Court.

7. At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application has been decided previously by the High Court or the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled. The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court.

Bail Granted.