Jitanu @ Jitendra Prajapati vs State Of Chhattisgarh
2021 Latest Caselaw 667 Chatt

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                                 Cr.A. No. 496 of 2021

                                                                              NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                      (Proceedings through Video Conferencing)

                            Criminal Appeal No. 496 of 2021

      Jitanu @ Jitendra Prajapati, son of Rameshwar Prajapati, aged about 18
       years, resident of Baba Chowk, Ward No. 02, Kusmi, P.S. Kusmi, District
       Balrampur-Ramanujganj (C.G.)
                                                                       ---- Appellant
                                       Versus
      State of Chhattisgarh, Through : Station House Officer, Police Station Kusmi,
       District Balrampur-Ramanujganj (C.G.)
                                                             ---- Respondent/State

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


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


28.06.2021

1. This appeal by the accused/appellant under Section 14A (2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

is directed against the order dated 15.03.2021 passed by the Special Judge,

(SC/ST Act), Balrampur place Ramanujganj (C.G.) in Special Sessions Case

(Atrocities) No. 13/2021, refusing to allow his regular bail under Section 439

Cr.P.C. The appellant is in jail since 18.01.2021 in connection with Crime No.

06/2021 for the offence punishable under Sections 294, 506, 323 & 325 of

IPC and Sections 3 (1) (r) (s) & 3(2) (v) (a) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police

Station- Kusmi, District Balrampur-Ramanujganj (C.G.).

2. Prosecution case in brief is that complainant Satish Sonwani has made

compliant in Police Station Kusmi alleging that the appellant has assaulted

him by wooden stick, as a result of which, he received injury on his left

Cr.A. No. 496 of 2021

elbow. It is also alleged that when the appellant was assaulting the

complainant, he was abusing him filthily. On the basis of said complaint

made by the complainant, offence under 294, 506, 323 & 325 of IPC and

Sections 3 (1) (r) (s) & 3(2) (v) (a) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against

the appellant.

3. Learned counsel for the appellant submits that the appellant is an innocent

person and has been falsely implicated in this case. She also submits that

the appellant is in jail since 18.01.2021, charge-sheet has been filed and

conclusion of the trial is likely to take some time. Therefore, the appellant be

released on bail.

4. On the other hand, learned counsel for the State opposes the appeal. She

submits that the complainant/victim was informed regarding hearing of the

appeal, but, neither the complainant is present nor is there any

representation on behalf of him.

5. I have heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, considering the age of

the appellant who is 18 years, he is in jail since 18.01.2021, charge-sheet

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

all the offences under IPC except offence under the SC & ST Act are

bailable, there is no apprehension of the appellant tampering with the

evidence or absconding and the appellant has no criminal antecedents as

admitted by both the counsel, without expressing any opinion on the merits

of the case, this Court is of the opinion that present is a fit case for grant of

bail to the appellant. Accordingly, the appeal is allowed and the impugned

order is set aside.

7. It is directed that in the event of appellant executing a personal bond for a

Cr.A. No. 496 of 2021

sum of Rs.50,000/- with two sureties of Rs.25,000/- each 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. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial.

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

iv. he shall not involve himself in any offence of similar nature in future. v. He shall strictly follow the Covid-19 protocol issued by the Central Govt./State Govt./Local Authority.

Sd/-

(Gautam Chourdiya) Judge

vatti