Allowed

Rakesh Shetty v. State of Chhattisgarh

Chhattisgarh HC20 Jul 2021MCRC/1615/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 CrPC. The applicant was in custody for alleged offenses under the Arms Act involving a domestic quarrel. The court considered the dispute nature, lack of injury caused, and the applicant's criminal record, deciding to release him on personal bond.

What did the court decide?

Release of the applicant on regular bail on furnishing a personal bond of Rs. 25,000 with one local surety.

Rakesh Shetty Vs State of Chhattisgarh — Contract and Commercial Disputes | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1615 of 2021

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Rakesh Shetty S/o Tangvel Shetty Aged About 36 Years R/o Itwari Bazar Jagdalpur District Bastar Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh Through P. S. Kotwali Jagdalpur District Bastar Chhattisgarh

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---- Non-applicant

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For Applicant : Shri Vikash A. Shrivastava, Advocate For Non-applicant/State : Shri Roshan Dubey, Panel Lawyer

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(Proceedings through Video Conferencing) Hon'ble Shri Justice Parth Prateem Sahu Order on Board

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20.07.2021

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This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 08.10.2020 in connection with Crime No.447 of 2020 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for commission of offence punishable under Sections 25 and 27 of Arms Act.

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Case of the prosecution, in brief, is that on 08.10.2020 at about 1.00 PM, present applicant was quarreling with his wife Reshma Shetty. During quarrel, present applicant had brought gupti with intent to assault his wife. At that time, one Akash Bharti and other neighbourers tried to intervene the quarrel between husband (present applicant) and his wife. The applicant has threatened them that he will assault them by means of gupti. Applicant was

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arrested with gupti i.e. sharp edged weapon and instant crime was registered.

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Shri Vikash A. Shrivastava learned counsel for the applicant submits that allegation against the present applicant is that there was quarrel between present applicant and his wife and applicant has threatened his wife that he will assault her by means of sharp edged weapon. He further submits that as per allegation, present applicant has not threatened nor he has made assault and cause any injury to his wife and neighbourers who tried to intervene. It is contended that applicant was arrested on 08.10.2020, hence, he may be enlarged on regular bail.

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Shri Roshan Dubey, learned State Counsel opposes the prayer for grant of bail and submits that there are as many as 20 criminal antecedents against the present applicant since 2006 till date. Upon asking with the nature of offences registered against the present applicant, he submits that two offences of Excise Act and two offences of Sections 294, 324, 506, 366, 424, 34 of IPC was registered apart from the instant crime in the year 2020. He further submits that prior to the year 2020, offences were registered in the year 2014, 2008, 2007 and 2006, hence, he may not be entitled for grant of bail.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances of the case, nature of allegations, further, there was a dispute between applicant with his own wife, he has not caused any injury to his wife or his neighbourers who tried to intervene and he was

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arrested on 08.10.2020, without commenting on the merits of the case, I am inclined to release the applicant on regular bail.

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Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like sum to the satisfaction of the trial Court concerned on the conditions that;

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a) He shall appear before the trial Court concerned regularly on each and every date unless exempted from appearance.

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b) He shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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Anu

Rakesh Shetty v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rakesh Shetty v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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