Ashok Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 246 of 2016 Ashok Sahu S/o. Parash Sahu, aged about 33 years, R/o. of village Ghuturkundi, Police Station- Pandariya, Post Office- Dullapur, District Kabirdham (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through the Station House Officer, Police Station- Pandariya, District Kabirdham (C.G.) ---- Respondent For Applicant :- Mr. T.R. Chandrakar, Advocate For Respondent/ State :- Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 28/01/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 243/2015 registered at Police Station- Pandariya, District - Kabirdham (C.G.) for the offence punishable under Section 457 and 354 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 26.10.2015 at about 10 PM the prosecutrix after taking meal was sleeping in her house along with her children and her husband was not present in the house. The applicant entered into the house of the prosecutrix and tried to catch hold of the hands and breast of the victim. After having raised an alarm, the applicant fled away from there. Thereby, the offence is committed.

3.

Counsel for the applicant submits that the applicant has been fasly implicated in this case. He further submits that a land dispute

existing between the parties, therefore, the applicant has been inculpated in the case and he is in jail since 09.12.2015, therefore, he may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the statement of the Trial Court. Perusal of the case and the statement of the Trial Court shows that the trial Court has dismissed the bail application of the applicant on the ground that only five witnesses cited for prosecution and the matter fixed for evidence. Considering the facts and the degree of allegations for the purpose of bail without any observation on merit, this Court is of the opinion, that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Santosh