Devendra Kumar Dansena vs State Of Chhattisgarh

These 1st anticipatory bail applications under Section 438 of the Code of Criminal Procedure have been filed by the Applicants, who are apprehending their arrest in connection with Crime No.31/2023 registered at PS Kharsia, District Raigarh (CG) for the offence punishable under Sections 147, 294, 323, 427, 452 and 506/34 IPC.

Prosecution case is that Complainant Ku. Dileshwari Rathia had lodged FIR on 18.01.2023 at PS Kharsia against the present Applicants and 6 others alleging that at about 8 p.m, the accused persons entered into her house and abused her in filthy language, socially criticized her and also started beating her family members and thus caused injury to herself as also to Nandlal Rathia, Mamta Rathia and Tarabai and based on these allegations, the offence as aforesaid has been registered against the present Applicants.

Learned counsel for the Applicants submit that the Applicants are innocent and have been falsely implicated in the crime in question. They further submit that on the same day of the incident, a counter report has been lodged by one Jhumuklata Jaiswal against Sohanlal Rathia and 15 others wherein, it was stated that on the date of incident, the Complainant had gone to attend Goura festival at her maternal village Bhalunara along with her brother Devendra Dansena and during the festival celebrations, in the middle of the village at about 5.30 p.m on 18.01.2023, the accused persons started beating her brother and when she intervened to save him, Sohanlal Rathia has beaten on her head with wooden stick whereas Tribhuvan Rathia and Premshankar Rathia have pushed her due to which, she fell down. They further submit that her brother sustained injuries as Tulsi Rathia had beaten him with wooden plank on his head and they have also abused in filthy language and also extended threat to kill and Hariram Dansena was also beaten by Sohanlal Rathia with bricks near neck and Harilal Rathia made a scuffle and Ramprasad Rathia, Chandrika Rathia, Dipak Rathia and others have pelted stones. They further submit that based on the said allegations, FIR for the said crime under Sections 147, 294, 323 and 506 IPC vide FIR No.30/2023 was registered against the Complainant party, therefore, as a counter blast, the present FIR has been registered. They further submit that except the offence under Section 452 IPC, all other offences are bailable in nature, there is no evidence that the Applicants entered into the house of the Complainant after making any preparations for causing injury, therefore, offence under Section 452 IPC is also not attracted, the present Applicants had no criminal past, the incident took place in a spur of moment during the Goura festival and there is no intention or previous enmity between the parties, therefore, considering that the entire family has been roped in a false case, the present Applicants may be granted anticipatory bail.

Per contra, learned Counsel for the State opposed the said prayer and submits that against the Applicant-Leela Ram Dansena, 5 criminal antecedents are there out of which, 3 are of preventive nature and one is of gambling and the other is of Excise matter and the other Applicants have no criminal past.

Considering the facts and circumstances of the case and the submissions made, the nature of accusation, particularly considering that for a similar incident, a counter FIR has been registered and the incident took place in a spur of moment during Goura festival and also considering that the Applicants have no criminal past, there are similar type of criminal antecedents, without further commenting anything on merits, this Court is of the opinion that present is a fit case where the Applicants deserve to be granted anticipatory bail.

Accordingly, the application is allowed and it is directed that in the event of arrest of the Applicants, on executing a personal bond for a sum of Rs 25,000/- with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:-

(a) they 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.

(b) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

(d) the Applicants and the surety shall submit a copy of their adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) they shall not involve themselves in any offence of similar nature in future.