Rakesh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2338 of 2018 Rakesh Yadav, S/o. Faguram Yadav, aged about 22 years, R/o Janakpahri - Gatoura, Police Station - Masturi, District - Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Police Station House Officer, Police Station - Masturi, District - Bilaspur (C.G.) ----Respondent For Applicant : Ms. Neha Kumar, Advocate. For Non-applicant : Mr. Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/07/2018 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 54/2018 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 452, 354(D)(1), 506 & 323 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant outraged the modesty of the complainant and thereby committed the aforesaid offences. (3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits the applicant is in detention since 19.02.2018 and the charge sheet has already been filed and, therefore, the applicant be released on bail.

(4) On the other hand, counsel for the State opposes the bail application. (5) Taking into consideration the nature and gravity of the offence, facts & circumstances of the case, and further considering the facts that applicant is in detention since 19.02.2018 and the charge sheet has already been filed 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 trial Court on each and every date given to him by the said Court. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-