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High Court Of ChhattisgarhMCRC/3186/2018allowed

Budhram Yadav v. State Of Chhattisgarh

2018-06-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3186 of 2018 • Budhram Yadav S/o Late Meghwa Ram Aged About 75 Years R/o Telipara, P. S. Civil Line, Bilaspur District Bilaspur Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station Civil Line, Bilaspur District Bilaspur Chhattisgarh ---- Respondent For Applicant :

Shri Rajeev Kumar Dubey, Advocate For Respondent/State :

Shri Wasim Miyan, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/06/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 04.10.2017 in connection with Crime No.764/2017 registered at Police Station Civil Line, Bilaspur (CG) for the offence punishable under Sections 376 & 511 IPC.

2. As per the prosecution case, on 04.10.2017 the applicant tried to commit rape with her daughter-in-law, thereafter, the report was made.

3. Learned counsel for the applicant submits that the applicant is aged about 75 years and the prosecutrix has been examined and no evidence is necessary. He further submits that the applicant is in jail since 04.10.2017, therefore, he may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering entire facts & circumstances of this case and also taking into

that the applicant is shown to be aged about 75 years and the prosecutrix has already been examined and there is no chances of tampering of evidence and further considering that the applicant is in jail since 04.10.2017 and is aged about 75 years, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in 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 by the said Court.

Sd/- Goutam Bhaduri Judge Ashu