Mangleshwar Yadav And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3032 of 2019

1. Mangleshwar Yadav, S/o Raju Yadav, aged about 26 years.

2. Sahasram @ Sattu, S/o Jeevan Nishad, aged about 25 years. Both are R/o Village Bhurki, Thana Bemetara, District Bemetara (CG). ---- Applicants

Versus

State of Chhattisgarh, through Police Station Bemetara, District Bemetara (CG).

---- Non-applicant For Applicants :

Mr. Samir Singh, Advocate.

For Non-applicant :

Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.134/2019 registered at Police Station Bemetara, District Bemetara for the offence punishable under Sections 354, 506/34 of Indian Penal Code & Sections 8 & 12 of Protection of Children from Sexual Offences Act.

3.

Case of the prosecution, in brief is that on 22.03.2019, one prosecutrix was aged about 16 years old and another prosecutrix was aged about 17 years old. Both the prosecutrix are sisters. On 22.03.2019 about 6:00 p.m. near pond at village Bhurki, applicant-Mangleshwar Yadav pulled dupatta of one prosecutrix and another applicant-Sahasram @ Sattu told her that if she will narrate the incident to anyone, he will cut her hand. 4.

Counsel for the applicants submits that the applicants have not committed any offences. They are innocent and have been falsely implicated in the present case, therefore, they may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, the bail application of the applicants is allowed. It is ordered that if the applicants furnish two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs.50,000/- each to the satisfaction of the concerned Trial Court with the condition that they shall appear before the Trial Court at 11:00 am as and when directed till trial and they would co-operate during the trial, they shall be released on bail and they shall not involve any such type of crime in future.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-