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Yashwant Yadav vs State Of Chhattisgarh
2025 Latest Caselaw 1558 Chatt

Citation : 2025 Latest Caselaw 1558 Chatt
Judgement Date : 30 January, 2025

Chattisgarh High Court

Yashwant Yadav vs State Of Chhattisgarh on 30 January, 2025

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       HIGH COURT OF CHHATTISGARH AT BILASPUR
                        CRA No. 1481 of 2023
             YASHWANT YADAV versus STATE OF CHHATTISGARH
                           Order Sheet


30.01.2025

Ms. Sareena Khan, counsel for the Appellant.

Mr. Akhilesh Kumar, G.A. for the State.

Mr. Hemant Sahu, counsel for the Complainant.

Heard on I.A. No.04/2024, application for temporary suspension of sentence.

By the impugned judgment dated 15.06.2023 passed by the 1st Additional Sessions Judge, District Bemetara, C.G. in Sessions Trial No.14/2023, appellant stands convicted for the offence punishable mentioned as under:

Conviction Sentence U/s. 376 of the Indian Penal R.I. for 10 years & fine of Code. Rs.1000/- and in default of fine Additional R.I. for 01 month.

U/s. 376(2)(N) of the Indian R.I. for 10 years & fine of Penal Code. Rs.1000/- and in default of fine Additional R.I. for 01 month.

U/s. 450 of the Indian Penal R.I. for 05 years & fine of Code. Rs.500/- in default of fine Additional R.I. for 15 days.

All sentences are to be run-concurrently Learned counsel for the appellant submits that victim along with her child is residing with appellant's mother since the birth

of her child at her home in Village Khurusbod, District Bemetara. He further goes on to submit that as per the earlier direction of this Court the appellant has filed an affidavit with regard that he will marry the victim which is annexed with this appeal vide Annexure D-1. Therefore, he would further submits that the appellant may be released on temporary bail for at-least 15 days to perform marriage with the victim.

Learned counsel for the state strongly opposes the submission advanced by learned counsel for the appellant as also I.A. No.04/2025.

On the other hand, learned counsel appearing for the complainant does not oppose the submissions made by learned counsel for the appellant.

Heard both the counsel for the parties and perused the documents available on record.

Considering the above facts and circumstances of the case, in particular of performing marriage to the victim, this Court is inclined to release the appellant on temporary bail on furnishing a personal bond for a sum of Rs.25,000/- with one local surety of the like sum to the satisfaction of trial Court concerned, he shall be released on temporary bail for a period of 15 days which commence from 01.02.2025 and shall surrender before the concerned trial Court on 17.02.2025 positively.

Accordingly, I.A. No.04/2024, application for temporary bail is Allowed.

List this case on 18.02.2025 for further hearing. Digitally signed by ABHIGYA ABHIGYA SAXENA Sd/-

(Rajani Dubey) SAXENA Date:

2025.01.31 15:10:29

Judge +0530

Saxena

 
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