Chattisgarh High Court
Rakesh Yadav vs State Of Chhattisgarh on 24 June, 2025
Digitally
signed by
SOURABH
SOURABH PATEL
PATEL Date:
2025.06.24
17:14:47
+0530 HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1008 of 2025
1 - Rakesh Yadav S/o Shri Dinesh Yadav, Aged About 22 Years,
R/o Old Sarkanda, Matachaura, Bilaspur, Police Station -
Sarkanda, District - Bilaspur (C.G.), (On Bail).
... Appellant
versus
1 - State Of Chhattisgarh Through - The Station House Officer,
Police Station - Sarkanda, District - Bilaspur (C.G.).
... Respondent
Order Sheet
24/06/2025
Mr. Paras Mani Shriwas, Advocate for the
applant.
Ms. Sunita Manikpuri, Dy.G.A. for the State.
Heard on I.A. No. 01/2025, application under
Section 430 of BNSS, 2023 for suspension of
sentence and grant of bail.
By the impugned order dated 26.04.2025
passed by learned Additional Sessions Judge/02nd
FTSC (Pocso Act), Bilaspur, Dist. Bilaspur (C.G.) in
Criminal Case No. 149/2024, the applicant has been
convicted and sentenced as mentioned below :
Conviction Sentence
Offence under Section R.I. for 01 year and fine of
12 of POCSO Act, Rs.500/-, in default of
2012 payment of fine amount
S.I. for 02 months.
Offence under Section S.I. for 01 year and fine of
78 of BNS, 2023 Rs.500/-, in default of
payment of fine amount
S.I. for 02 months.
(Both the sentences shall run concurrently)
Learned counsel for the applicant submits that
the applicant is innocent and has been falsely
implicated in the case, and there is no material
evidence against the appellant. He also submits that
the appellant is already on bail, and he has already
deposited the fine amount imposed upon him, and
only short sentence of 01 year has been awarded to
the appellant out of which the appellant has already
served the jail sentence of 47 days during trial.
Therefore, the jail sentence of the appellant may be
suspended till the final disposal of the case.
On the other hand, learned State counsel
opposes the bail application.
Despite service of notice, victim is not
appeared before this Court today.
I have heard learned counsel appearing for the
parties and perused the material available on record.
Considering the facts and circumstances of the
case and the fact that the short sentence awarded to
the appellant i.e., RI for one year on each count out
of which he was already in custody for about 47
days during trial, the fine amount has already been
deposited, and the final disposal of this appeal is
likely to take considerable time, therefore, this Court
deems it appropriate to allow the application for
suspension of sentence and grant of bail moved on
behalf of the applicant.
Accordingly, the I.A. No. 01/2025 is allowed
The execution of substantive jail sentences
imposed upon the applicant-Rakesh Yadav 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
surety for the like sum to the satisfaction of the
concerned trial Court for his appearance before the
Registry of this Court on 25.09.2025. 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 him by the said Court, till
disposal of this appeal.
Call for record of the trial Court.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.