High Court Of ChhattisgarhMCRCA/30/2021allowed

Balkrishna Yadav v. State Of Chhattisgarh

2021-03-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 30 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 30 of 2021 Balkrishna Yadav, S/o Ramprasad Yadav, aged about 44 years, R/o Ward No.09, Bazaar Para, Lailunga, PS & Tehsil Lailunga, District Raigarh (CG) ---- Applicant

Versus

State Of Chhattisgarh Through the SHO, Police Station Lailunga, District Raigarh (CG) ---- Non-Applicant For Applicant : Shri Sabyasachi Bhaduri, Advocate.

For Non-Applicant : Shri Arijit Tiwari, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/03/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.146/2020, registered at Police Station Lailunga, District Raigarh for offence punishable under Sections 323, 354 and 452 of the IPC.

2. The applicant allegedly created ruckus in front of the house of the prosecutrix and later on entered her house, assaulted and outraged her modesty.

3. It is argued that the applicant and the prosecutrix live in the same locality and the dispute between them has been settled for which she has filed an affidavit on the basis of which the applicant was allowed interim bail in his previous bail application, which was eventually dismissed, as it was not duly constituted.

MCRCA No. 30 of 2021

4. Learned State Counsel would oppose the prayer for grant of anticipatory bail.

5. Considering that the offences are triable by the JMFC and particularly for the reason that the applicant was allowed interim bail on 4.9.2020 in MCRCA No.1191/2020 on the ground that dispute has been settled between them and also for the reason that during operation of the interim bail, the applicant has not misused the liberty, I am inclined to release the applicant on anticipatory bail.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) he shall not influence the witnesses during trial. (ii) he shall make himself available for interrogation by a police officer as and when required;

(iii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve