Ajay Dubey Vs State of Chhattisgarh

Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 703/2023 registered at Police Station – City Kotwali, Durg, District Durg (C.G.) for offence punishable under Section 294, 506, 509, 354, 354(A), 366 of IPC and Section 8, 12 of the POCSO Act.

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Case of prosecution in brief is that on 24.09.2023 at about 04:00 PM when the minor daughter of complainant was going for her tuition classes, applicant after making obscene act of giving flying kiss, caught hold of her hand and tried to make her sit on his two-wheeler, upon which somehow his daughter got rid of him and ran towards her house. The incident was reported to her mother. When complainant immediately rushed to the applicant and asked him for explanation for his conduct, complainant was beaten and also abused in filthy language and also threatened of life. The incident was reported to the concerned police station on 28.11.2023, based upon which aforementioned crime was registered and applicant was arrested on 12.12.2023.

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Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed any offence as alleged. He contended that the son of applicant has taken a shop on rent in the nearby area, there was some dispute with owner of the shop. The

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owner of the shop wanted the shop vacated and for one or the other reason the owner of the shop through other person was causing chaos/ dispute. Applicant was assaulted against which his son has also lodged F.I.R. and different crimes were registered against three persons. The other criminal antecedents which are mentioned in the objection filed by the objector showing about 26 cases registered against him prior to year 2006. He contended that after 2006 no crime was registered against applicant and in the year 2023, five offences are registered against applicant. All the five offences are registered in close proximity of time ie. in the month of October and November which from its face appears to be false, only to get rid of other criminal cases registered and to pressurize the applicant and his son to get the shop vacated. Applicant is in jail since 12.12.2023, hence, he may be enlarged on bail.

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Learned State counsel opposes the submission of learned counsel for applicant and submits that act of applicant is of serious nature and from the details of the crime registered against applicant as mentioned in the objection it prima facie appears that applicant is a habitual offender.

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Learned counsel for complainant/ objector adopts the submission of learned State counsel and also raised objection in grant of bail to applicant.

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I have heard learned counsel for the parties.

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Undisputedly, the F.I.R. was lodged bearing crime No. 703/2023, subject matter of this bail application, on 28.11.2023, mentioning the date of incident to be 24.09.2023. In the column of delay in the F.I.R. it is mentioned “on time” overlooking the fact that the date of incident pleaded as 24.09.2023 and report was lodged after about more than two months from the date of incident. Applicant along with covering memo also enclosed copy of rent agreement executed before the Notary on 12.03.2022 in between Abhay Dubey son of applicant and owner of the shop Smt. Munni Bai. Applicant has also placed on record copy of F.I.R. lodged by son of applicant on 30.09.2023 for the alleged incident dated 28.09.2023 alleging that three persons Rishi Yadav, Mahesh Yadav and Mantri Yadav assaulted his father. The medical documents of the treatment of applicant is also placed on record.

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Learned counsel for applicant also submits that out of the five cases, in three cases applicant has already been enlarged on bail by the court below.

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Taking into consideration, facts and circumstances of the case, nature of allegation, in particular the delay in lodging the F.I.R. and the entirety of submission of learned counsel for the parties and the date of arrest of applicant, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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b) The applicant 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/-

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(Parth Prateem Sahu) Judge