Prahlad @ Pahalwan Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 808 of 2019 • Prahlad @ Pahalwan Netam S/o Bhagiram Netam, aged about 20 years, R/o Adwani School, Derapara Birgaon, Raipur, District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, P.S.-Urla, Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Ms. Sunita Sahu, Advocate.

For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 18/02/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 239/2018, registered at Police Station - Urla, DistrictRaipur, (C.G.) for the offence punishable under Sections 294, 323, 506-B, 354 of the IPC.

2. In this case prosecutrix is a married lady aged about 30 years. As per the prosecution story, on 12.06.2018 at about 7:00 pm, the present Applicant came into the shop of the prosecutrix and assaulted her by using filthy language and also tried to outrage her modesty. On the basis of the above allegation, report has been lodged by the prosecutrix on 13.06.2018 and on the basis of the said, offence has been registered against the present Applicant. The Applicant has been arrested on 26.12.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She

further states that charge-sheet has been filed. The Applicant is in custody since 26.12.2018. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 26.12.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash