High Court Of ChhattisgarhMCRC/522/2020allowed

Hemchand Yadav v. State Of Chhattisgarh

2020-03-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 522 of 2020 • Hemchand Yadav S/o Ramji Yadav Aged About 40 Years R/o Village Gadiya, Police Station Lohandiguda, District Bastar, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Lohandiguda, District Bastar, Chhattisgarh.

---- Respondent For Applicant.

Mr. P.K. Tulsyan, Advocate.

For Respondent/State :

Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 16.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 81/2019 registered at Police Station - Lohandiguda, District Bastar (C.G.) for the offence punishable under Sections 186, 294, 323, 323, 354, 454(D), 34 of the IPC.

2. As per the prosecution case, the complainant/victim, who is posted as Security Guard at Kanya Ashram, Chhindbahar, lodged a written report against the applicant alleging therein that the applicant, husband of Superintendent of Kanya Ashram, Smt. Parwati, tried to outrage her modesty and when she complained to Smt. Parwati against her husband, she threatened her not to disclose the fact to anyone. Based on that, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

next submits that the applicant is in jail since 15.12.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 15.12.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu