Tularam Tarak v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3829 of 2018 Tularam Tarak, S/o Shri Likhan Ram Tarak, Aged About 50 Years R/o Village Kathiya Thana Gobra Nwapara, Tahsil Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through Police Station Gobra Navapara, District Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Akhilesh Kumar, Advocate For State :

Mr. Sameer Behar, G.A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 26/06/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 16.03.2018 in connection with Crime No. 64/2018 registered at Police Station- Gobra, Navapara, District- Raipur (C.G.), for the offence punishable under Section 354 of IPC.

2.

Case of prosecution is that on 09.03.2018 the applicant went to house of prosecutrix and demanded some cold and hot drink, when the prosecutrix went to kitchen for making tea, the applicant closed the main door and caught her with malice intention. The prosecutrix anyhow released herself and shouted and call for help then the applicant ran away from spot.

3.

Learned counsel for the applicant submits that the applicant has arrested on 16.03.2017 and trial will take sufficient time to conclude therefore, the applicant may be enlarged on bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the fact that the offence is triable by Judicial Magistrate First Class and trial will take some time to conclude, without further commenting on merits of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules Sd/- (Ram Prasanna Sharma) Judge Arun