Ashish Gupta vs State Of Chhattisgarh
2021 Latest Caselaw 2596 Chatt

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                                  Cr.A. No. 586 of 2021



                                                                             NAFR
                  HIGH COURT OF CHHATTISGARH, BILASPUR
                            Criminal Appeal No. 586 of 2021
      Ashish Gupta, S/o- Rameshwar Gupta, Aged about 25 years, R/o- Village-
       Putsura, Out-Post-Ganesh Mod, P.S.- Balrampur, District - Balrampur-
       Ramanujganj (C.G.)
                                                                      ---- Appellant
                                     Versus
      State of Chhattisgarh, Through - S.H.O., P.S.- Chando, District - Balrampur-
       Ramanujganj (C.G.)
                                                            ----State/Respondent

  For Appellant               :   Shri Pushkar Sinha, Advocate
  For Respondent /State       :   Shri K.K. Singh, Government Advocate

                   Hon'ble Shri Justice Gautam Chourdiya, J
                             Judgment on Board
28.09.2021

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

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

is directed against the order dated 23.04.2021 passed by the Special Judge,

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

Atrocities No. 03/2020, rejecting his regular bail under Section 439 Cr.P.C.

The appellant is in jail since 21.10.2019 in connection with Crime No.

29/2019 for the offence punishable under Sections 302 & 201 of IPC and

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

(Prevention of Atrocities) Act, 1989, registered at Police Station- Chando,

District Balrampur-Ramanujganj (C.G.).

2. Prosecution case is that deceased Kirti Sonwani was the wife of the present

appellant and both had performed the love marriage. On 14.10.2019 the

dead body of deceased was found near Dhalangal Mahuwa Tree. There

were injuries over the face and head of the deceased. On the basis of

suspicion expressed by the father of the deceased against the appellant,

report has been lodged against the appellant.

Cr.A. No. 586 of 2021

3. Learned counsel for the appellant submits that the appellant has been

falsely implicated in this crime. He submits that the appellant is in jail since

21.09.2019, charge-sheet has already been filed and conclusion of the trial

is likely to take some time, therefore, the appellant may be released on bail.

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

5. Considering the facts and circumstances of the case, considering the

material collected by the Investigating Officer, the nature of allegation made

against the present appellant, as per postmortem report of the deceased,

injuries were found on the body of the deceased, trial is in progress and in

near future case is likely to be disposed of by the trial Court, the evidence so

far recorded before the trial Court cannot be appreciated at this stage by this

Court, without commenting anything on merits of the case, this Court is not

inclined to release the appellant on bail. The order impugned of the trial

Court rejecting the appellant's bail application does not suffer from any

illegality or perversity. Accordingly, the present appeal being without any

substance is hereby dismissed.

Sd/-

(Gautam Chourdiya) Judge vatti