High Court Of ChhattisgarhMCRCA/462/2020allowed

Krishna Yadav v. State Of Chhattisgarh

2020-08-14Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 462 of 2020

1. Krishna Yadav S/o Munubabu Yadav Aged About 19 Years R/o Gohdidipa, Tamnar, Police Station And Tahsil-Tamnar, District Raigarh, Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station- Tamnar, District- Raigarh, Chhattisgarh. ---- Respondent For Applicant Mr. Ashish Gupta, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. Govt. Advocate Proceedings through Video Conferencing Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 14/8/2020

1. The applicant has preferred this application for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.264/2019, registered at Police Station Tamnar, District Raigarh, for offence punishable under Section 354 of the Indian Penal Code.

2. Applicant has outraged the modesty of the prosecutrix, aged about 36 years. The incident happened at 5.30 am on 18-12-2019.

3. It is argued by the learned counsel for the applicant that on 6-3-2017 a dispute had taken place between the applicant's father and Bablu Yadav, brother-in-law of the present prosecutrix, therefore, as a counter blast and to take revenge the instant false report has been lodged.

4. Learned counsel appearing for the State, per contra, would oppose the bail application.

5. Considering the previous FIR lodged by the applicant's father filed before this Court along with covering memo and for the fact that the applicant is a young boy, aged about 19 years and the possibility of false implication cannot be ruled out, this Court is inclined to release the applicant on anticipatory bail.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (a) he shall make himself available for interrogation by a police officer as and when required;

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

Sd/- (Prashant Kumar Mishra) Judge Gowri