Vinod Kumar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2969 of 2019 • Vinod Kumar Yadav S/o Sukeshan Yadav Aged About 26 Years R/o Darramuda, Uparpara Police Station Jutemill Chowki, Teshil And District Raigarh Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Jutemill Chowki, Tehsil And District Raigarh Chhattisgarh ---- Respondent For applicant Mr. Amit Sharma, Adv.

For non-applicant/State Mr. Wasim Miyan, GA.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14-51. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 1530/2018 registered in police station Jutemill Chowki, Raigarh (CG) for offence punishable under Section 363, 366, 376 of IPC and Section 4 and 6 of POCSO Act.

3. Prosecution story in brief is that on 25-4-2018 prosecutrix was more than 17 years of age. She is a resident of village Darra Muda, Jutemill Chowki, Raigarh. There was love affair between her and applicant. On 25-4-2018 onwards he committed repeatedly sexual intercourse with her on pretext of marriage. Thereafter he avoided to marry.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

6. Looking to the above mentioned facts and circumstances of the case, application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak