DEVENDRA KUMAR DANSENA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These 1st anticipatory bail applications under Sec. 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 Ss. 147, 294, 323, 427, 452 and 506/34 IPC.

(2.) Prosecution case is that Complainant Ku. Dileshwari Rathia had lodged FIR on 18/1/2023 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.

(3.) 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 18/1/2023, 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 Ss. 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 Sec. 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 Sec. 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.