Vinod Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5212 of 2017 • Vinod Yadav, S/o Chandrakumar Yadav, aged about 21 years, R/o Village Kalmitar, P.S. Ratanpur, District Bilaspur (CG) ----Applicant

Versus

• State Of Chhattisgarh, through Station House Officer, Police Station Sirgitti, District Bilaspur (CG) ---- Non-Applicant For Applicant : Shri Awadh Tripathi, Advocate.

For Non-Applicant : Shri Ashutosh Pandey, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/11/2017

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.211/2016, registered at Police Station : Sirgitti, District Bilaspur for offence under Section 376 of the IPC and Section 3 (1)(xii) & 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The applicant has allegedly committed forcible sexual intercourse with the prosecutrix aged about 18 years.

3. Statement of the prosecutrix recorded under Section 164 CrPC would reveal that the prosecutrix and her husband reside in the premises of rice mill. On the date of the incident, the applicant called the prosecutrix and took her inside his room and thereafter committed forcible sexual intercourse. When the applicant was moving out of the room, husband

of the prosecutrix came over there and slapped the prosecutrix.

4. Considering the entire fact situation of the case, quality of evidence and the fact that the applicant is in jail since 6.7.2016, this Court is inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve