Ranjeet @ Gajju Gota v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6719 of 2021 • Ranjeet @ Gajju Gota, S/o Manher Gota, aged about 20 Years, R/o Village Bijli, Nalipara, Police Station and District Narayanpur, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Narayanpur, District Narayanpur, Chhattisgarh. ----Non-applicant For Applicant Shri Arun Kumar Shukla, Advocate.

For State Shri Shreshta Gupta, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 28/09/2021

1. Earlier the applicant had filed MCRC No.8849 of 2020 which was dismissed as withdrawn by this Court vide order dated 14.01.2021.

2. The applicant has preferred this second bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.93/2020 registered at Police Station Narayanpur, District Narayanpur, C.G. for the offence punishable under Sections 450, 294, 323, 506, 307 read with 34 of Indian Penal Code.

3. As per the prosecution case, on 02.07.2020 at about 9:00 pm applicant along with co-accused- Ganesh Kumar Gota entered

the house of the victims, assaulted upon them by knife and also committed marpeet with them as a result of which victim- Budhni Dugga sustained injuries on her body. On report to the above effect being lodged by the complainant, offence under the aforesaid sections were registered against the applicant and coaccused.

4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He submits that no assault was made by the present applicant. Applicant was arrested on 03.07.2020 and thereafter he was released on temporary bail for a period of 90 days from 17.05.2021 which was subsequently extended and at present he is on temporary bail, charge sheet has already been filed and conclusion of trial is likely to take some time. Therefore, applicant be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application. However, he submits that applicant has no criminal antecedents.

6.

Heard learned counsel for the parties.

7.

Considering the facts and circumstances of the case, the nature of dispute giving rise to the incident, further considering the fact that the injured remained hospitalized from 02.07.2020 to 15.07.2020 and no other complication was found by the doctor, the detention period of the applicant, who is 20 years old, charge sheet has been filed, the applicant has no criminal antecedents and there is no likelihood of the applicant tampering with the

evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.

1,00,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) 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, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. (v) he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any offence in future.

Sd/- Gautam Chourdiya Judge Akhilesh