Mannu Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 1168 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                                 CRA No. 295 of 2020

     Mannu Yadav S/o Bhulau Yadav aged about 40 years R/o Village: Mudghusari
     Maidan, Police Station : Bodla, District : Kawardha (Kabirdham), Chhattisgarh

                                                                            ---- Appellant

                                        Versus

     State of Chhattisgarh through Station House Officer, Police Station: Bodla, District :
     Kawardha (Kabirdham), Chhattisgarh

                                                                         ---- Respondent

15.07.2021 Mr. Dharmesh Shrivastava, Counsel for the Appellant.

Mr. Akash Pandey, P.L. for the State/Respondent.

Prosecutrix/victim of this case has appeared through Video

Conferencing from DLSA, Kabirdham (C.G.). On being asked she

supported the bail application of the Appellant and submitted that she

has no objection if the bail may be granted to the Appellant.

Heard on I.A. No. 01/2020, an application for suspension of

sentence and grant of bail to the Appellant.

By the impugned judgment date 17.02.2020 passed in Special

Criminal Case No.08/2019 by the learned Special Judge (SC & ST Act),

Kawardha, District: Kabirdham (C.G.), the Appellant stands convicted

as mentioned below:

    Conviction               Sentence                     In Default

U/s 376 of IPC      RI for 10 years and fine In default of payment of
                    amount of Rs.1,000/-.    fine amount additional
                                             imprisonment    for   06
                                             months.

Learned counsel for the Appellant submits that the Appellant has

been wrongly convicted by the Trial Court in the judgment without there

being any clinching evidence available on record. He submits that

during trial the Appellant was on bail, both the parties have settled their

matter and after the judgment of the Trial Court the Appellant is in jail

since 17.02.2020 and appeal is likely to take some more time. Hence, it

is prayed that his application may be allowed.

On the other hand, learned counsel for the State has opposed

the bail application and submissions made in this respect.

Heard both the parties and perused the record of the Trial Court.

After perusing the impugned judgment, the statements of the

witnesses and considering this fact that both the parties have settled

their matter, prosecutrix has no objection for grant of bail to the

Appellant and earlier on this ground also the Appellant was granted

regular bail by the Coordinate Bench of this Court vide order dated

01.05.2019 passed in MCRC No.1799/2019 and presently he is in jail

since 17.02.2020 and appeal is likely to take some more time, I am of

this opinion that it will be proper to release the Appellant on bail.

Execution of substantive jail sentences imposed upon the

appellants shall remain suspended during the pendency of this appeal

and he shall be released on bail on executing a personal bond for a

sum of Rs.25,000/- with one solvent surety for the like sum to the

satisfaction of the Trial Court for his appearance before the Registry of

this Court on 30.11.2021. He shall thereafter appear before the Trial

Court on a date to be given by the Registry of this Court and shall

continue to appear there on all such subsequent dates as are given to

them by the said Court, till the disposal of this appeal.

List this case for final hearing in due course.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh