Ajay Chouhan Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 136 of 2024

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Ajay Chouhan S/o Aitwar Sai Chouhan Aged About 27 Years R/o Village- Turtura, Police Station Lailunga, District : Raigarh, Chhattisgarh ---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station- Lailunga, District : Raigarh, Chhattisgarh ---- Non-Applicant

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For Applicant : Mr. Prabhat Kumar Saxena, Advocate. For Non-Applicant : Mr. Keshav Gupta, Govt. Advocate.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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02.02 .2024

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This is the third bail application.

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1) Earlier, in MCRC No. 11231 of 2022 i.e., the first bail application was dismissed as withdrawn vide order dated 14.03.2023. Later, in MCRC No. 5936 of 2023 i.e., the second bail application was dismissed on merits vide order dated 21.08.2023.

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2) This is the third bail application filed under Section 439 of Cr.P.C. for the grant of regular bail.

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3) The brief facts of the case are that on 08.06.2022, the present applicant sexually assaulted the victim against her will and thereafter, on 10.07.2022 the present applicant along with another co-accused took her to some distant place and assaulted her. A report was lodged and consequently, the FIR was registered against the applicant and co-accused. The applicant has been arrested in connection with Crime No. 199/2022 registered at Police Station Lailunga, District Raigarh (C.G.) for the offence punishable under Sections 376, 506, 342, 366, 34 of IPC.

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4) Learned counsel for the applicant would submit that the applicant has been languishing in jail since 14.07.2022 and only two witnesses have been examined till date. He would further submit that the victim, who is a major lady, has already been examined and she has not supported the case of the prosecution, even leading questions put by the Additional Public Prosecutor were denied. He would also submit that the aunt of the

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victim was also examined as PW-2 and she also has not supported the case of the prosecution. It is argued that there are 16 witnesses and only 2 have been examined, therefore, he would pray for the grant of bail.

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5) On the other hand, learned counsel for the State would oppose.

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6) Heard learned counsel for the parties and perused the case diary.

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7) From a perusal of the case diary, it appears that the applicant has been languishing in jail since 14.07.2022; till today, only two witnesses have been examined and the victim/PW-1 and aunt of victim/PW-2 have not supported the case of the prosecution at all, therefore, without commenting anything on the merits of the case, I am inclined to allow the present bail application. Accordingly, the bail application is allowed .

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8) It is directed that in the event of the applicant executing a personal bond for a sum of

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Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

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(a) he shall make himself available for interrogation by the police officer as and when required;

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(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and

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(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial.

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The observation made herein above is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.

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Sd/- (Rakesh Mohan Pandey) Judge

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Ajinkya

Ajay Chouhan v. State of Chhattisgarh

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Ajay Chouhan v. State of Chhattisgarh

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