Vivek Yadav vs State Of Chhattisgarh

This bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime

No. 1598/2021 registered at Police Station City Kotwali, Raigarh, for the offence punishable under Sections 354, 354D, 506 of the I.P.C.

Case of the prosecution, in brief, is that the complainant made a written report that while she was on a morning walk with her daughter on

18.11.2021 near Jai Singh Pond, the accused already present there has made vulgar gestures to her and also caught hold of her hand. It is also alleged

that applicant has threatened to kill her husband and children.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He would further submit that applicant is a

Head Constable working in C.G. Armed forces and is currently on leave for preparing for the post of Sub-Inspector. It is also submitted that applicant

has previous animosity with family of the complainant on account of which a false report was made by the complainant against the applicant as also

applicant is in jail since 18.11.2021 and the offence is triable is by JMFC, therefore, he may be enlarged on bail.

Per contra, learned State counsel and learned counsel for the objector opposes the prayer for grant of bail.

Learned counsel for the objector has also filed a written objection along with the messages sent by the applicant to the complainant.

Considering the facts and circumstances of the case as also considering the objection raised by the learned counsel for the objector; complainant's

father has also lodged complaint against the family of the victim; applicant is in jail since 18.11.2021 and the offence is triable by JMFC, therefore,

without commenting anything on merit, this Court find fit to release the applicant on bail.

Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.25,000/-

with two sureties for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given

by the said Court.

Certified copy as per rules.