Uttra Kumar v. State Of Chhattisgarh

MCRC No. 8463 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8463 of 2020 • Uttra Kumar S/o Kalaram Koshaley Aged About 20 Years R/o Hirri, Police Station Sarangarh, District Raigarh Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Sarsiwa, District Baloda Bazar Bhatapara Chhattisgarh ---- Respondent For Applicant Mr. CR Sahu, Advocate For Respondent /State Mr. Ravish Verma, Govt. Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/2/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the applicant, who has been arrested in connection with Crime No.166/2020 registered at Police Station Sarsiwa, District Baloda BazarBhatapara (CG) for the offence punishable under Section 458 of the IPC.

3. The applicant committed lurking house trespass by night with preparation to cause hurt by entering in the house of complainant Sita Tandon during the intervening night of 19th

MCRC No. 8463 of 2020 and 20th April 2020. There is no allegation that the applicant in fact assaulted or caused injuries either to the complainant or to her sister Usha Bharadwaj.

4. The applicant is in jail since 19.10.2010; the charge sheet has already been filed; and the offences are triable by the Judicial Magistrate First Class, therefore, I am inclined to release the applicant on regular bail.

5. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount 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.

6. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna