Chattisgarh High Court
Baneshwar Yadav vs State Of Chhattisgarh on 8 July, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
(Proceedings through Video Conferencing)
CRA No. 536 of 2021
1. Baneshwar Yadav, S/o Kompal Ram Yadav, Aged About 32
Years, Caste Mahkul, Resident of Tiklipara, Tumla, Police Station
Tumla, District-Jashpur, Chhattisgarh.
2. Jagmohan Yadav, S/o Lakhan Yadav, Aged About 37 Years,
Resident of Joranda Jhariya, Police Station Tumla, District-
Jashpur, Chhattisgarh. ---- Appellants
Versus
State of Chhattisgarh, Through: Station House Officer, Police
Station Tumla, District- Jashpur, Chhattisgarh.
---- Respondent
For Appellants : Shri Sanjeev Kumar Sahu, Advocate
For Respondent/State : Shri Adil Minhaj, Government Advocate
Hon'ble Justice Shri Gautam Chourdiya
Judgment on Board
08.07.2021
1. This appeal by the accused/appellants under Section 14-A (ii) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is directed against the order dated
29.04.2021 passed by the learned Special Judge (SC/ST Act),
Jashpur (C.G.) in Crime No.55/2020 refusing to allow their
regular bail under Section 439 of Cr.P.C. for the offence
punishable under Section 186, 294, 506, 323, 325, 341, 353,
307, 148, 427 of IPC and Section 3 (2) (v), 3 (2) (V-A) of SC/ST
Act, registered at Police Station- Tumla, District-Jashpur (C.G.).
2. Case of the prosecution, in brief, is that on 11.12.2020, Nayab
Tahsildar- Sunil Kumar Gupta alongwith his driver Ranjish Tirkey
and peon- Shravan Kumar Nayak after settlement of case at Link
Court Jhariya at about 5.30 departed for his headoffice. Near
Sarpanch House, the nayab Tahsildar- Sunil Kumar Gupta had
taken action against the illegal sand transporters, over this
matter the present appellants alongwith other co-accused
persons assaulted the complainant party with hands, clubs,
commented filthy remarks against complainant Shravan Kumar
on his caste, threw stones/hit the government vehicle by club,
gave threat to life, thereby caused hindrance in the discharge of
official duties by the complainants/victims.
3. Learned counsel for the appellant submits that the allegations
against the appellants are false and fabricated. Counsel for the
appellants further submits that the appellants/accused are the
the first offenders, the ingredients of Section 307 of IPC and
Section 3 (2) (v), 3 (2) (V-A) of SC/ST Act have not been
attracted. It is further submitted that charge-sheet has been filed,
the appellants are in jail since 22.04.2021, they have no criminal
antecedents, there is no likelihood of the appellants tampering
with the prosecution evidence or absconding and conclusion of
the trial is likely to take some time, therefore, at this stage, they
may be granted bail.
4. On the other hand, learned State Counsel opposes prayer for
grant of bail and submits that the appellants have no criminal
antecedents.
5. Having considered the submission made by learned counsel for
the parties, taking into consideration the nature of allegation
against the appellants, nature of injury suffered by the victims,
detention period of the appellants, who are 32, 37 years old and
the fact that charge-sheet has already been filed, the appellants
have no criminal antecedents, there is no likelihood of the
appellants tampering with the prosecution evidence or
absconding as admitted by both the counsel and conclusion of
the trial is likely to take some time, therefore, without
commenting anything on merits of the case, the appeal is
allowed.
6. It is directed that in the event of each of the appellants executing
a personal bond for a sum of Rs.1,00,000/- with two sureties of
Rs. 50,000/- each to the satisfaction of the concerned Trial
Court, they shall be released on bail on 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) they shall not involve themselves in any offence of
similar nature in future,
(e) they shall strictly follow the COVID-19 protocol
issued by the Central Government/State
Government/Local Authority.
Let a copy of this order be forwarded to the concerned
police station forthwith who shall inform the trial Court in the
event of appellants involving themselves in similar offence in
future.
Sd/-
(Gautam Chourdiya)
Judge
Nadim
