Jhamman Giri Goswami vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No. 244/2026, registered at Police Station Patan, District Durg (C.G.), for the offences punishable under Sections 74, 75(1)(4), 296, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution case, the victim submitted a written complaint at Police Station Patan on 16.07.2026, alleging that on 15.07.2026, between 6:00 and 6:30 p.m., while she was waiting for her father at Funda Chowk to return home after completing her work, the applicant, who runs a hotel at Funda Chowk, approached her in an intoxicated condition, made obscene remarks and gestures, and caught hold of her hand and arm. When she objected, he started abusing her. At that time, her brother’s friend intervened to protect her, whereupon the applicant allegedly called four to five of his friends and assaulted him with fists and blows. On the basis of the said complaint, the aforesaid offence was registered against the applicant.

Learned counsel for the applicant would contend that the applicant has been falsely implicated in the present case. He would submit that the applicant was implicated merely on suspicion due to previous animosity with the victim’s family members and that there is no direct evidence establishing his involvement in the alleged offences. He would further submit that the medical examination report of the victim does not disclose any injury, the charge-sheet has already been filed before the competent Court and the applicant is in jail since 21.07.2026 and he has no criminal antecedents. It is also contended that the conclusion of the trial is likely to take considerable time. On these grounds, he prays for grant of bail.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that the applicant allegedly made obscene remarks and gestures towards the victim and caught hold of her hand and arm at a public place. When the victim’s brother’s friend intervened, the applicant allegedly called his associates and assaulted him. Considering the nature and gravity of the allegations, learned State counsel prays for rejection of the bail application.

I have heard learned counsel appearing for the parties and perused the case diary.

Considering the facts and circumstances of the case, nature of allegations, the fact that the charge-sheet has already been filed before the competent Court, the applicant is in jail since 21.07.2026, he has no criminal antecedents and the conclusion of the trial is likely to take considerable time, thus without further commenting upon the merits of the case, I am inclined to grant bail to the applicant.

Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-