Ballu Yadu @ Lallu v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3133 of 2019 • Ballu Yadu @ Lallu S/o Late Manshu Yadu Aged About 30 Years R/o Near Chatrapati Shivaji School, Purani Basti, Raipur Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Police Station - Azad Chowk, Raipur, District Raipur Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Shubhank Tiwari, Advocate.

For Respondent :

Mr. I. Lakda, Dy. Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/05/2019

1. Heard.

2. Learned counsel for the applicant only wants to press upon application for grant of ad-interim bail and he does not want to press application for grant of regular bail.

3. Heard on IA No.1 of 2019, application for grant of ad-interim bail to the applicant.

4. This MCRC filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.202/2016, registered at Police Station-Aazad Chowk, District- Raipur(C.G.) for the offence punishable under Sections 376 of Indian Penal Code (for short 'IPC') and Section 4 of POCSO Act, 2012.

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5. Learned counsel for the applicant submits that mother of the applicant has expired on 25.4.2019 and this applicant is required to attend last rites of his mother, therefore, it is prayed that he may be granted ad-interim bail.

6. Learned counsel for the State formally opposes the application for grant of ad-interim bail.

7. I have heard both the parties and perused the documents on record.

8. Though regular bail application bearing MCRC No.1639 of 2018 was rejected on merits by this Court on 27.4.2018, but only on humanitarian ground, I feel inclined to allow this application for temporary bail.

9. Accordingly, I.A. No.1/2019 is allowed. The applicant is directed to be released on ad-interim bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety of the like amount to the satisfaction of concerned arresting police officer. He shall not leave the jurisdiction of the concerned police station without prior permission of the concerned SHO.

10. It is made clear that this order shall remain in force till 8th May, 2019 and the applicant is required to surrender on 9th May, 2019.

11. Consequent to this order and as the application for regular bail has not been pressed, therefore, the regular bail application stands disposed of.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha