Gopu Pandey vs State Of Chhattisgarh
2021 Latest Caselaw 2058 Chatt

Citation : 2021 Latest Caselaw 2058 Chatt
Judgement Date : 31 August, 2021

Chattisgarh High Court

Gopu Pandey vs State Of Chhattisgarh on 31 August, 2021

                                          1


                                                                              NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR
                             Criminal Appeal No. 648 of 2021
   1. Aalok Sagar @ Sona S/o. Rajesh Sagar, aged about 18 years,
   2. Komal Patel S/o Shyamu Patel, aged about 24 years, Both are R/o. Manjhi
      Mohalla, Dhanuharpara, Korba, District Korba (C.G.)
                                                                      ---- Appellants
                                      Versus
      State of Chhattisgarh, Through Thana - Kotwali, District - Korba (C.G.)
                                                             ---- State/Respondent

And Criminal Appeal No. 700 of 2021  Gopu Pandey S/o. Late Rakesh Pandey, aged about 30 years, R/o. Ward No. Purani Basti, Korba, Tahsil and District Korba (C.G.)

---- Appellant Versus  State of Chhattisgarh through the District Magistrate, Korba, District Korba (C.G.)

---- State/Respondent

For Respective Appellants : Shri Arvind Prasad and Smt. Mandwi Bhardwaj, Advocates

For Respondent /State : Shri Anand Verma, Dy. Govt. Advocate

For Objectors/Complainants : Ms. Preeti Yadav, Advocate

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

31.08.2021

1. The appeal (Cr.A. No. 648/2021) by accused/appellants Aalok Sagar @

Sona and Komal Patel under Section 14A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the

order dated 03.06.2021 passed by the Special Judge,ST/SC (P.A.) Act,

Korba, District Korba (C.G.) in Special Criminal Case No. 26/2021, rejecting

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

2. The appeal (Cr.A. No. 700/2021) by accused/appellant Gopu Pandey under

Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 is directed against the order dated 31.05.2021 passed

by the Special Judge, ST/SC (P.A.) Act, Korba, District Korba (C.G.) in

Special Criminal Case No. 26/2021, 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. 137/2021 registered in Police - Kotwali,

District Korba (CG) for the offence punishable under Sections 147, 455, 364,

294, 323, 506 of IPC and Section 3 (2) (v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 against all the

appellants, they are being disposed of by this common judgment.

4. As prosecution case, complainant Vijay Sarthi lodged a report stating that on

24.02.2021 about 09:00 am, the present appellants and other co-accused

persons entered into his house and used filthy language in the name of his

caste and assaulted him, his brother Santosh Sarthi and other family

members. Thereafter, accused/appellants took him and his brother Santosh

Sarthi in black coloured Activa and motorcycle to Itwari Bazar and there

accused persons also assaulted them. Hence, on report being lodged to the

above effect, the aforesaid offences have been registered against the

appellants.

5. Learned counsel for the respective appellants submit that the appellants are

innocent person, have been falsely implicated in this case. They submit that

appellants are in jail since 24.02.2021 and 09.05.2021, charge-sheet has

already been filed and conclusion of the trial is likely to take some time,

therefore, the appellants be released on bail.

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

appellants' counsel submits that the trial Court has rightly rejected the bail

applications of appellants and there is no illegality or infirmity in the same

warranting interference by this Court.

7. On the last date of hearing i.e. 12.08.2021 victim Vijay Sarthi was present in

person before Help Desk of this Court and stated that he has no objection to

grant of bail to appellants- Gopu Pandey and Komal Pandey by this Court,

but he raised objection to grant of bail to appellant Aalok Sagar @ Sona,

8. Learned counsel for the victims/complainants appeared on behalf of the

victims/complainant submits that now the victims have no objection to grant

of bail to appellant Aalok Sagar @ Sona also and both the parties have

amicably settled/compromised the dispute.

9. Heard learned counsel for the parties.

10. Considering the facts and circumstances of the case, the fact that as per

counsel for the victims/complainants, she submitted that both the parties

have amicably settled/compromised the dispute, that considering the

detention period of appellants who are 18, 24 & 30 years old, charge-sheet

has already been filed, conclusion of the trial is likely to take some time and

there is no apprehension of the appellants tampering with the evidence or

absconding, without expressing any opinion on the merits of the case, this

Court is of the opinion that present are the fit cases for grant of bail to the

appellants. Accordingly, the appeals are allowed.

11. It is directed that in the event of each of the appellants executing a personal

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

the satisfaction of the concerned trial Court, they shall be released on bail on

the following conditions:-

i. 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.

ii. they shall not act in any manner which will be prejudicial to fair and expeditious trial.

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

iv. they shall not involve themselves in any offence of similar nature in future.