Ishwar Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2454 of 2017 Ishwar Patel, S/o. Harishankar Patel, Aged About 39 Years, R/o. VillageArjuni, Police Station & Tahsil- Pithora, District- Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through: The Incharge, Special Police Station A.J.K. Mahasamund, District- Mahasamund, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. S.S.Rajput, Advocate For Respondent :

Mr. Suryakant Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.07.2017 1.

This is the fourth bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.227/2015 registered at Special Police Station- A.J.K. Mahasamund, District Mahasamund (C.G.) for the offence punishable under Section 294, 323, 506/34, 452 & 354 of Indian Penal Code and Section 3(1)(x) & 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The first bail application of the applicant was rejected on 01.07.2016, second bail application was rejected on 05.08.2016 and third bail application was rejected on 29.11.2016.

2.

Case of the prosecution, in brief, is that on 26.09.2015 at village Arjuni, the victim was caught hold of by the present applicants on the allegation that she is in relation with a boy of village named Pankaj Thakur and thereafter the lady and boy were tied together and were dragged to the street of the village. It was to

the extent that victim was made to parade in the street of the village by taking out the clothes and she was abused filthily and assaulted. The incident happened from 11.00 am till 6.00 pm approximately.

3.

Learned counsel for the applicant would submit that the applicant is lodged in jail since 26.04.2016, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and earlier bail rejection orders. Considering the earlier bail rejection orders, I do not find any change of circumstances to reconsider the instant fourth bail application.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok