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2025 DAILYLAW 23622 (CHH)

TULARAM KATHLE v. THE STATE OF CHHATTISGARH

MCRC/4064/2025 · 2025-06-09

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:22957 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4064 of 2025 1 - Tularam Kathle S/o Mehattar Kathle Aged About 38 Years R/o Village Uslapur, P.S. Chandnu, District Bemetara, Presently R/o Village Bhoinabhatha, P.S. and District Bemetara Chhattisgarh ... Appellant versus 1 - The State of Chhattisgarh through Station House Officer, Police Station Bemetara, District Bemetara Chhattisgarh … Respondent For the Applicant : Mr. Amit Kumar Sahu, Advocate For the State : Ms. Sunita Manikpure, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 10/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 703/2024 registered at Police Station Bemetara, District Bemetara (C.G) for the offences under Sections 64(1) & 65(1) of BNS and Sections 4 & 6 of the POCSO Act, 2012. 2. The prosecution alleges that when the victim girl was alone and watching TV in her maternal grand parents house, the accused came A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2 there and asked vegetables. When she came back from Kitchen with vegetables, she saw the accused had closed the doors of the house, pressed her mouth and committed rape upon her by throwing her on the ground, thereby the offence has been committed. 3. Learned counsel for the applicant submits that the medical report does not support the prosecution case and the age of the prosecutrix was mentioned only by estimate. He further submits that out of 17 prosecution witnesses, only 3 have been examined and the trial will take time. He submits that the applicant is in jail since 12.12.2024 therefore, he may be released on bail. 4. Per contra, learned Counsel State Counsel opposes the bail application. and submits that when the girl was alone in her grand parents house, the applicant came there and committed sexual intercourse. 5. The victim along with her father has appeared through VC and raised objection to grant of bail to the applicant. 6. Having considered the submissions made by the learned counsel for the parties and further considering the facts situation of the case, I am not inclined to allow this bail application. Accordingly, it is rejected. However, the trial Court is directed to expedite the trial and ensure that the trial shall be concluded as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Rao