Yogesh Kumar vs State Of Chhattisgarh

This first application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in

connection with Crime No.434/2021 registered at Police Station Kurud, District Dhamtari for the offence punishable under Sections 354 & 506 IPC

and Section 12 of the POCSO Act.

The allegation against the present applicant is that on the date of incident i.e. 06.11.2021 when the victim/complainant was attending the village

function Madai, the accused/applicant came there and with intention to outrage her modesty he pulled off her hands. Thereafter, when she tried to

escape, the applicant knocked out her in the floor and after the intervention of the sisters of the victim, he set her free. Thereafter, on the basis of

complaint made by the victim, FIR was lodged against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and he has no connection with the alleged criminal incident. The

complainant herself was in love affair with the present applicant and earlier when the family members of the applicant denied for their marriage, she

attempted to suicide and to that effect a meeting headed by Sarpanch of the Panchayat was held and she has also given undertaking that she will not

repeat it again and will get married with the present applicant after attaining majority. In support of the prosecution, certain copy of photographs and

letters have been annexed. He lastly submits that the allegation levelled against the applicant are false and fabricated therefore, he may be set at

liberty by granting anticipatory bail. He submits that the applicant would abide by all terms and conditions imposed on him while granting bail.

Learned State counsel however, opposes the prayer for grant of anticipatory bail. The complainant/victim appeared through video conferencing with

her father and opposes the bail application.

Heard counsel for the parties and perused the documents filed in the application.

Considering the facts and circumstances of the case particularly, taking into consideration the photographs and letters annexed in the application and

considering the age of the applicant, without further commenting on the merits of the case, this Court is of the opinion that it is a fit case for grant of

anticipatory bail to the applicant.

Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, on furnishing a personal bond in the sum of

Rs.25,000/- with one surety to the satisfaction of the concerned Court below, he shall be released on bail on the following conditions:-

(a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him from disclosing such fact to the Court,

(b) He shall not act in any manner which will be prejudicial to fair and expeditious trial,

(c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(d) He shall not involve himself in any offence of similar nature in future.