Allowed

Ratan Gourha v. State Of Chhattisgarh

Chhattisgarh HC24 Apr 2024MCRC/2244/2024

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Chhattisgarh allowed the release of an applicant on regular bond. The case involves serious offences including molestation and unlawful assembly. The court considered the counter-FIR filed by the applicant side and granted bail.

What did the court decide?

Bail granted on furnishing personal bond of Rs. 25,000 with one surety in the like amount.

Ratan Gourha Vs State Of Chhattisgarh — Property and Title | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2244 of 2024

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Ratan Gourha S/o Koduram Gourha Aged About 55 Years Resident Of Bhaiso, P.S. And Tahsil Pamgarh, District JanjgirChampa Chhattisgarh

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District Janjgir-Champa Chhattisgarh

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---- Respondent

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--------------------------------------------------------------------------------------- For Applicant : Mr. C.R. Sahu, Adv. For respondent/State : Mr. Pramod Ramteke, PL. ----------------------------------------------------------------------------------------

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Hon'ble Shri Justice N aresh Kumar Chandravanshi Order on Board

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25-4-2024

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This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 73/2024 registered at Police Station Pamgarh, Distt. Janjgir - Champa (C.G.), for the offence punishable under Section 147, 149, 294, 323, 354, 506 of IPC and Section 25 and 27 of Arms Act.

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Allegation against the applicant is that on 19-2-2024 at about 7.00 pm, he along 10 other co-accused persons entered into the house of complainant having iron rod, sword etc. and assaulted complainant, who is a lady and also molested her with intention to outrage her modesty. Based on above facts, present crime has been registered.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He has been implicated only due to animosity between the parties. He would further submit that altercation had taken place between both the parties, therefore, applicant’s side also lodged FIR bearing Crime No. 72/2024 against complainant and 16 others, copy of which

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has been filed as Annexure A-2. It is submitted that the applicant is in jail since 11-3-2024, all the offences are triable by JMFC, charge sheet has not yet been filed, therefore, the applicant may be enlarged on bail.

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On the contrary, learned State counsel opposes the application for grant of bail and submits that the applicant along with other accused armed with deadly weapon, entered into the house of complainant, assaulted and molested her, therefore, applicant is not liable to be released on bail.

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

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Having heard learned counsel for the parties and having regard to the facts and circumstances of the case, further considering the fact that, applicant side has also lodged report against the complainant side bearing Crime No. 72/2024, the applicant is in jail since 11-3-2024, and all the offences are triable by JMFC, therefore, I feel inclined to release the applicant on bail.

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Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.

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Certified copy as per rules.

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Sd/(Naresh Kumar Chandravanshi)

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JUDGE

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Pathak/-

Ratan Gourha v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ratan Gourha v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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