Allowed

Ayush Chourasiya v. State of Chhattisgarh

Chhattisgarh HC6 Dec 2022MCRCA/1270/2022

Case brief

AI extract

What is this about?

High Court of Chhattisgarh granted anticipatory bail to an applicant apprehending arrest under multiple IPC sections. The court relied on the victim's affidavit contesting the prosecution case and fixed conditions including bond and appearance.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 10,000 with one surety, subject to conditions regarding interrogation, inducement, prejudice to trial, and appearance before trial court.

Ayush Chourasiya Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 1270 of 2022

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Ayush Chourasiya S/o Santosh Chourasiya Aged About 18 Years R/o Village- Balrampur, P.S And Tahsil- Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through: Station In-Charge, Police Station- Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. A.N. Pandey, Adv. For Respondent/State : Mr. B.P. Banjare, Dy. G.A.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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06/ 12/2022

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This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 177/2022 registered at Police Station- Balrampur DistrictBalrampur-Ramanjuganj (C.G.) for commission of the offence punishable under Sections 458, 294, 506, 323 & 34 of the IPC.

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The prosecution case, in brief, is that the complainant lodged a report alleging therein that on 13.08.2022 at about 7:30 pm., when he was going to the house of his uncle at that time the applicant and another accused person came and started abusing him in filthy language and when he was objected then the accused persons assaulted him. Based on this, offence has been registered against the present applicant.

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Learned counsel for the applicant submits that the present

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applicant is innocent and has been falsely implicated in this case and the victim has also given an afÏdavit in which he stated that he has no objection to grants of anticipatory bail to the present applicant. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, therefore the present applicant may be enlarged on anticipatory bail.

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On due verification counsel for the State submits that the afÏdavit which is appended with the application is well verified and stated that the victim has filed his afÏdavit before this Court.

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Heard learned counsel for both the parties and perused the material available on record.

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Considering the rival submissions made by the counsel for the parties and considering the facts and circumstances of the case, in particular nature of the case, and considering the quality of the evidence collected by the prosecution and looking to the afÏdavit of the complainant in which he stated no objection, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant.

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Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the concerned arresting/investigating ofÏcer or the Court concerned, as the case may be, with the following terms and conditions:

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(i) that the applicant shall make himself available for interrogation before the concerned investigating ofÏcer as and when required;

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(ii) that the applicant shall not, directly or indirectly, make

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any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police ofÏcer;

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(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and

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(iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

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Sd/- (Sachin Singh Rajput) Judge

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H.L. Sahu

Ayush Chourasiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ayush Chourasiya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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