Satya Narayan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No.1369 of 2018 Satya Narayan Yadav S/o Shri Mayaram Yadav, aged about 27 years, Caste Rawat, R/o Masulpanim, Tahsil Narharpur, District Kanker. ---Applicant

Versus

State of Chhattisgarh, Through The S.H.O. Police Station Narharpur, - District Kanker.

---Respondent For applicant :

Shri Sandeep Shrivastava, Advocate.

For resp./State :

Shri Ashutosh Pandey, Pandey Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 23/04/2018 1.

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.116/2017 registered at Police Station Narharpur, District Kanker (C.G.) for the offence punishable under Sections 376(d), 450, 506, 392, 341, 34 of IPC & Sections 3(1)(c) & 3(2)(v) of the SC and ST (Prevention of Atrocities) Act, 1989.

2.

Present applicant is in jail since 22/01/2018. 3.

The counsel for the applicant submits that the prosecutrix has since been examined before the trial court and she has not supported the case of prosecution and has turned hostile. As such there is no possibility of the applicant to be convicted in the case and thus prayed for releasing the applicant on bail.

4.

The State counsel does not dispute the fact that the prosecutrix has not supported the case of prosecution.

5.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to the present applicant.

6.

Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the Trial Court on each and every date given by the said court. Sd/- (P. Sam Koshy) Sumit JUDGE