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High Court Of ChhattisgarhMCRC/6324/2019allowed

Ajay Kumar Yadaw v. State Of Chhattisgarh

2019-11-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6324 of 2019 • Ajay Kumar Yadaw S/o Goyandi Ram Yadaw Aged About 40 Years R/o Village - Mohda, Police Station- Sipat, District (Revenue And Civil) - Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through - Police Station - Sipat, District (Revenue And Civil) - Bilaspur Chhattisgarh.

---- Respondent For Applicant :

Mr. Anand Kesharwani, Advocate.

For Respondent :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 26/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 240/2019 registered at Police Station - Sipat, District (Revenue & Civil) Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 354 (?k) of IPC and Section 8 of Protection of Children from Sexual Offences Act. • The prosecution story in brief is that, on 03.07.2019 at about 11.00 AM, when the complainant was going to school for admission, at that time, applicant was chasing her. Applicant called her to meet him near a Banyan tree at 12.00 AM and threatened her if she not comes, he will drag her forcefully. Thereafter, offence has been registered against the applicant and he was arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 26.08.2019,

therefore, the present applicant may be released on bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the detention period of the applicant, 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.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu