Chattisgarh High Court
Upendra Yadav vs State Of Chhattisgarh on 13 May, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 647 of 2022
Upendra Yadav, S/o Ramji Yadav, aged about 27 Years, R/o Patpar, Baghel Nagar,
P.S. Bhatapara Shahar, District Baloda Bazar Bhatapara (Chhattisgarh).
----Appellant
Versus
State of Chhattisgarh, Through the Police Station City Kotwali, District Baloda
Bazar, Bhatapara Chhattisgarh.
---- Respondent
13/05/2022 Mr. T.K. Jha, counsel for the appellant.
Ms. Binu Sharma, P.L. for the State.
Heard on I.A. No.01 of 2022, application for suspension of
sentence and grant of bail to the appellant.
By the impugned judgment dated 28.03.2022 passed by the First
Additional Sessions Judge (F.T.C.), Balodabazar, District Balodabazar-
Bhatapara, C.G. in Sessions Trial No.06/2019, the appellant stands
convicted and sentenced as under:-
Conviction Sentence
Under Section 376 of Indian Rigorous Imprisonment for ten
Penal Code years and fine of Rs.5,000/-, in
default of payment of fine amount
to undergo further additional
rigorous imprisonment for one year.
Under Section 506 of Indian Rigorous Imprisonment for three
Penal Code years and fine of Rs.500/-, in
default of payment of fine amount
to undergo further additional
rigorous imprisonment for one year.
(Both sentences were directed to run concurrently)
Prosecutrix is present in person and she has raised objection to
release of the appellant on bail. Prosecutrix has been duly identified by
counsel for the appellant and the State. Copy of the Aadhar Card of the
prosecutrix has also been taken on record.
Considering the facts and circumstances of the case, the evidence
of the prosecutrix where she states that appellant established physical
relations with her on number of times from the year 2011 whereas FIR
was lodged after an inordinate delay of six years i.e. on 22.04.2017, no
proper explanation has been given by the prosecutrix regarding delay of
six years in lodging the FIR, earlier the appellant was already granted
anticipatory bail by the Co-ordinate Bench of this Court in MCRCA
No.1066 of 2017 and he had not misused the liberty granted to him, the
fact that the prosecutrix has already married to another man and
disposal of the appeal is likely to take some time, without expressing any
opinion on the merits of the case, I am of the opinion that present is a fit
case to suspend the jail sentence imposed upon the appellant and to
release him on bail.
Accordingly, the application (I.A. No.01 of 2022) is allowed.
It is directed that the execution of substantive jail sentence
imposed upon the appellant shall remain suspended during the
pendency of this appeal and he shall be released on bail on his
furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties
of Rs.50,000/- each to the satisfaction of the trial Court. He shall appear
before the Registry of this Court on 04.07.2022 and thereafter appear
before the trial Court on a date to be given by the Registry and thereafter
continue to appear before the trial Court on all such dates as are given to
him by the said Court till disposal of this appeal.
List the case for final hearing in due course.
Sd/-
Gautam Chourdiya
Judge
Akhilesh
