Jay Kumar Yadav @ Golu Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7321 of 2021 • Jay Kumar Yadav @ Golu Yadav S/o Shivchand Yadav Aged About 33 Years R/o Village Kodwa (Silyari), Police Station Dharsinwa, District Raipur, (C.G.), At Present R/o Abhanpur, In Front of Mandi Gate, Police Station Abhanpur, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through : Station House OfÏcer, Police Station Abhanpur, District Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. Krishna Kumar Dewangan, Adv.

For Respondent/State : Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 27/10/2021

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 324/2021 registered at Police Station-Abhanpur, District - Raipur (C.G.) for the offence punishable under Sections 454, 354 and 506 of the IPC.

2. The prosecution story, in brief is that, complainant /prosecutrix lodged a report alleging that on 29.08.2021 at about 2:30 hours when she was alone at her house and was seeing Television, at that time, the applicant entered her house and caught hold her chest, taking up her cloths, on which the prosecutrix raised alarm then the applicant fled away from there. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 30.08.2021, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the applicant committed a serious offence; therefore, he may not be released on bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant that he is in jail since 30.08.2021 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local 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 to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu