Salim Mohammad vs State Of Chhattisgarh
2021 Latest Caselaw 1662 Chatt

Citation : 2021 Latest Caselaw 1662 Chatt
Judgement Date : 10 August, 2021

Chattisgarh High Court

Salim Mohammad vs State Of Chhattisgarh on 10 August, 2021

                                           1
                      Cr.A. No. 711 of 2021 & Cr.A. No. 750 of 2021

                                                                                 NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                            Criminal Appeal No. 711 of 2021
      Salim Mohammad son of Bhawru Khan, aged about 36 years, Caste -
       Musalman, R/o 76, Adarsh Nagar Chauraha, Harsaur, Tahsil - Dengana,
       District Nagor (Rajasthan)
                                                                          ---- Appellant
                                        Versus
      State of Chhattisgarh Through : Station House Officer, Police Station -
       Lalbag, District - Rajnandgaon (C.G.)
                                                                  ---- State/Respondent

And Criminal Appeal No. 750 of 2021  Jagdish Prasad Mali S/o Sugna Ram Mali, aged about 34 years, Occupation

- Confectioner R/o Near Higher Secondary School, Harsar, Naagor, Harsaur, District Naagaor (Rajasthan)

---- Appellant Versus  State of Chhattisgarh, through the O.P. Tumdibod, Police Station Lalbabh Rajnandgaon, District Rajnandgaon (C.G.)

---- State/Respondent

For Appellant : Shri B.P. Singh, Advocate appears in Cr.A. No. 711/2021 For Appellant : Shri S.S. Baghel, Advocate appears in Cr.A. No. 750/2021

For Respondent /State : Dr.(Ms.) Veena Nair, Deputy Advocate General

Hon'ble Shri Justice Gautam Chourdiya, J Judgment on Board

10.08.2021

1. The appeal (Cr.A. No. 711/2021) by accused/appellant Salim Mohanmad

under Section 14A (2) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 is directed against the order dated

10.06.2021 passed by the Additional Sessions Judge (FTC), District

Rajnandgaon (C.G.) in Bail Application No. 343/2021, rejecting his regular

bail under Section 439 Cr.P.C.

Cr.A. No. 711 of 2021 & Cr.A. No. 750 of 2021

2. The appeal (Cr.A. No. 750/2021) by accused/appellant Jagdish Prasad Mali

under Section 14A (2) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 is directed against the order dated

26.06.2021 passed by the Sessions Judge for Special Judge (Atrocities Act),

District Rajnandgaon (C.G.) in Special Criminal Case No. 23/2021, rejecting

his regular bail under Section 439 Cr.P.C.

3. As above both the appeals preferred by the respective appellants arise out

of the same Crime Number i.e. 104/2021 registered in Police - Out Post

Tumdibod/Police Station Lalbagh, District Rajnandgaon (CG) for the offence

punishable under Sections 365, 366, 368, 370, 376 & 493 of IPC and

Section 3 (2) (v-a) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 against both the appellants, they are

being disposed of by this common judgment.

4. As per prosecution case, co-accused Laxmi Singh enticed the prosecutrix to

accompany her in connection with catering work at Rajasthan and took her

in a white coloured Innova Car bearing registration No. RJ-14-TB-7459, of

which appellant Salim Mohammad was the driver & owner. After reaching

Bhilai on 12.02.2021, co-accused Laxmi Singh alongwith another co-

accused Jagdish Prasad Mali (appellant in Cr.A. No. 750/2021) and another

person took the prosecutrix to Jaipur where they forcibly married the

prosecutrix with one Manish Kumar in temple. Co-accused- Laxmi Singh

and Jagdish Prasad Mali in fact sold the prosecutrix to Manish Kumar for

Rs.2 lacs. Manish Kumar thereafter performed forcible sexual intercourse

with the prosecutrix.

5. As per State counsel, notices have been served upon the prosecutrix in both

the appeals, but neither the prosecutrix is present nor is there any

representation on her behalf.

6. Shri S.S. Baghel, learned counsel appearing on behalf of appellant Jagdish

Cr.A. No. 711 of 2021 & Cr.A. No. 750 of 2021

Prasad Mali i.e. Cr.A. No. 750/2021, seeks to withdraw this appeal with

liberty to file a fresh appeal as and when occasion arises.

7. Accordingly, the appeal (Cr.A. No. 750/2021) is dismissed as withdrawn with

the liberty as stated above.

8. Certified copy of the impugned order of the trial Court be returned to the

counsel for the appellant after retaining the photocopy of the same.

9. Now this Court considers the appeal on behalf of appellant Salim

Mohammad i.e. Cr.A. No. 711/2021.

10.Shri B.P. Singh, learned counsel appearing on behalf of appellant Salim

Mohammad, submits that the appellant is innocent person, has been falsely

implicated in this case. He further submits that as per Annexure-A/2, filed in

present appeal, co-accused - Manish Kumar and Jagdish Prasad Mali

booked the said vehice from Mansi Travels and the appellant being a driver

and owner of the said vehicle, drove the vehicle after receiving Rs.39,850

from them. He submits that the appellant is in jail since 17.04.2021 and

conclusion of the trial is likely to take some time, therefore, the present

appellant be released on bail.

11. Learned counsel for the State opposing the submission made by the

appellant's counsel submits that the trial Court has rightly rejected the bail

application of the appellant and there is no illegality or infirmity in the same

warranting interference by this Court.

12. Heard learned counsel for the parties.

13. Considering the facts and circumstances of the case, the fact that no specific

allegation has been made against the appellant that he was involved in the

crime in question, the detention period of the appellant who is 36 years old,

conclusion of the trial is likely to take some time and there is no

apprehension of the appellant tampering with the evidence or absconding,

without expressing any opinion on the merits of the case, this Court is of the

Cr.A. No. 711 of 2021 & Cr.A. No. 750 of 2021

opinion that present is a fit case for grant of bail to the appellant.

Accordingly, the appeal (Cr.A. No. 711/2021) is allowed.

14. It is directed that in the event of appellant Salim Mohammad executing a

personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/-

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.