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High Court Of ChhattisgarhMCRC/6576/2020allowed

Tarachand Tandan, v. State Of Chhattisgarh,

2020-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6576 of 2020 • Tarachand Tandan, S/o Shri Dhanji Tandan, Aged About 30 Years R/o Village Pokhra, Police Station Rajim, District Gariyaband Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station Rajim, District Gariyaband Chhattisgarh ---- Respondent For Applicant :

Shri Pragalbha Sharma, Advocate For Respondent/State :

Shri Gagan Tiwari, GA Hon'ble Shri Justice Goutam Bhaduri Order 16/12/20

1. Heard.

2. 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 on 02.09.2020 in connection with Crime No. 152/2020 registered at Police Station Rajim, District Gariaband (CG) for the offence punishable under Sections 354, 294, 323, 427 Indian Penal Code, 1860.

3. As per the prosecution case, on 18.08.2020 at about 4 pm the applicant came in the drunken condition thereafter abused the prosecutrix for the reason that they objected to sale of the liquor in the village and tried to outrage the modesty and abused and thereafter pelted stone.

4. Learned counsel for the applicant submits that the applicant is in jail since 02.09.2020 and no other evidence is required and the charge-sheet has been filed in this case, therefore, the applicant may be released on bail.

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

6. Considering the nature of allegation and the fact that the applicant is in jail since 02.09.2020 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum 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. SD/Sd/-- Goutam Bhaduri Judge Ashu