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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC (A) No. 691 of 2017

• Ajay Kumar Diwan, S/o Faguram Diwan, Aged About 21 Years

R/o Village Chhatwan, Thana Rajadevri, District Baloda Bazar,

Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Rajadevri, District

Baloda Bazar Bhatapara, Chhattisgarh.

---- Respondent

_________________________________________________________

For Applicant

: Shri Sameer Singh, Advocate.

For Respondent/State

: Shri Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice Chandra Bhushan Bajpai

Order On Board

01.09.2017

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the

applicant held arrested in connection with Crime No.33/2017 by

Police Station Rajadevri, Distt. Baloda Bazar-Bhatapara, (C.G.) for

the offence under Section 366, 333 & 376 of the Indian Penal Code

and 4 & 6 of the Protection of Children from Sexual Offence Act,

2012 (In short POCSCO).

3.

Learned counsel for the applicant would submit that the

applicant is not the main accused. He had not committed rape with

the prosecutrix and as per allegation the applicant helped the main

accused to take the prosecutrix with him and he is the first offender.

The anticipatory bail may be given to the applicant, as he is a

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student.

4.

Per Contra, Learned counsel for the Non-applicant/State

opposed the argument advanced on behalf of the applicant.

5.

Peruse the entire matter

6.

On consideration of the entire evidence collected against the

applicant, also as the matter is under investigation, I am not inclined

to grant anticipatory bail to the applicant.

7.

Consequently, the instant MCRCA is hereby dismissed.

Sd/-

(Chandra Bhushan Bajpai)

Judge

Deeptijha