Pitambar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4810 of 2016 • Pitambar Yadav S/O Late Ram Prasad Yadav Aged About 50 Years Occupation Agriculturist, R/O Village Kharkharadeeh, Police Station Raakhi, Tahsil Nawagaon, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Raakhi, District Raipur, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. P.P. Sahu, Advocate For Respondent/State :

Mr. Anupam Dubey, Dy.G.A.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 23-08-2016 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 14-3-2016 in connection with Crime No. 64 of 2015, registered at Police Station Raakhi, District Raipur (CG) for the offence punishable under Sections 376, 315, 302, 323, 498-A, 494, 496, 450, 294, 506-B, 120-B & 34 of the IPC. 2.

Case of the prosecution, in brief, is that a report was made by the prosecutrix that out of the relation with Lala Yadav a child was born and thereafter a meeting was convened in the village wherein Lala Yadav was directed to marry the prosecutrix though he was earlier married. Subsequently, when the child was born, one Ramesh Yadav had killed the child within one hour of the birth.. It is also alleged that present applicant, who is father of Lala Yadav and Ramesh Yadav killed the child and made disappearance of the

evidence of the body of the child and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that only allegation against the applicant is that he was accompanied with other co-accused and the complaint was filed under Section 156(3) of the Cr.P.C., therefore, the applicant has been falsely implicated. It is further submitted that no evidence is available against the applicant and only bald allegations have been leveled against the applicant. He would further submit that charge-sheet has been filed in this case, the applicant is in jail since 14-3-2016 and no further investigation is required, therefore, he may be released on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail.

5.

I have heard learned counsel for the parties. 6.

Perusal the case diary and documents would show that though allegations are attributed to the applicant that he has instigated Ramesh to kill the child, except such statement no evidence is available.

7.

Taking into consideration the facts and circumstances of the case, nature of allegations leveled against the applicant, the evidence so far collected by the prosecution and also the fact that chargesheet in this case has been filed and the applicant is in jail since 14-3-2016, this court is inclined to release the applicant on bail. 8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju