Teklal Kathle v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8249 of 2018 • Teklal Kathle S/o Ramchand Kathle Aged About 20 Years R/o Village Karpikala, Police Station Pandariya District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Pandariya District Kabirdham Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh ---Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Dharmesh Shrivastava, Advocate For Respondent/State : Shri Lav Sharma, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 01.11.2018 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 5.10.2018 in connection with Crime No.169/2018, registered at Police Station, Pandariya, District Kabirdham(CG) for the offence punishable under Sections 354, 506 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 3.

As per the case of prosecution, the applicant has outraged modesty of the minor prosecutrix and threatened her to kill. 4.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. He submits that the applicant is in jail since 5.10.2018 and trial will take some time, therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Looking to the fact that the applicant is in jail since 5.10.2018 and trial will take some time, pre-trial detention is not required in the facts and circumstances of the present case, I am inclined to release the applicant on bail.

8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.20,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita