Chattisgarh High Court
Shankar Patel vs State Of Chhattisgarh on 25 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 113 of 2022
Amandeep Tiwari S/o Mithlesh Chandra Tiwari, Aged About 28 Years
R/o Haldibadi, Near State Bank, Chirmiri, District Koriya Chhattisgarh,
District : Koriya (Baikunthpur), Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Chirmiri, District Koriya
Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
---- Respondent
CRA No. 285 of 2022
Shankar Patel S/o Buddhuram Patel @ Buddhsen Patel, Aged About 25
Years R/o Haldibadi, 6 No. Dafai, P.S. Chirmiri, District Koriya
Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
---- Appellant
Versus
State Of Chhattisgarh Through Police Station Chirmiri, District Koriya
Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
---- Respondent
_____________________________________________________
For Appellant - Shri Pushkar Sinha, Advocate.
For Respondent/State - Shri Adil Minhaj, Government Advocate.
Hon'ble Justice Shri N.K. Chandravanshi
Order on Board
25-03-2022
1. Heard.
2. Since both the appeals are arising out of same crime number of
same Police Station, they are heard together and decided by this
common order.
3. The appellants have preferred these criminal appeals under
Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes
(Preventions of Atrocities) Act, 1989 (In short "the SC/ST Act"),
for grant of anticipatory bail, as they apprehend their arrest in
connection with Crime No.266/2017, registered at Police Station
Chirmiri, District: Koriya (C.G.) for the offence punishable under
Sections 452, 294, 323, 506, 34 of the Indian Penal Code and
3(1)(10) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
4. Earlier, appellants' applications for grant of anticipatory bail under
Section 438 of the Criminal Procedure Code were dismissed by
Special Judge, SC/ST Act, Koriya (C.G.) vide order dated
22-12-2021 and 04-01-2022 in Bail Petition Nos. 311/2021 and
03/2022 respectively. Hence, these criminal appeals.
5. Brief facts of the case are that, in the night of 23-07-2017, at
about 10:30 p.m. when the complainant was watching television
with her children in her home then the appellants and other
co-accused namely Gopi Kumar Vishwakarma went to her house,
kicked the door and entered in her house, abused her in filthy
language and threatened to kill her. They also assaulted upon
victim by hands and fists and also by club, thereby caused simple
injuries to her. After investigation, charge sheet has been filed
against co-accused Gopi Kumar Vishwakarma. The appellants
were absconding. Gopi Kumar Vishwakarma has been acquitted
for the offence under Section 294, 506-B, 323 of the Indian Penal
Code and 3(1)(r) of the SC/ST Act in the judgment passed by
Special Judge, (under the SC/ST Act), Koriya (C.G.) vide order
dated 22-12-2021, he has been convicted under Section 455,
323 of Indian Penal Code.
6. Learned counsel for the appellants submits that appellants are
innocent and they are falsely implicated in the present case. They
are permanent resident of village Haldibadi, District Koriya, they
have never absconded and even when charge sheet was filed,
they were not noticed by the police. It is further submitted that the
complainant does not belong to SC/ST category, as she has not
produced her caste certificate in this regard. Hence, trial Court
has acquitted for alleged charges the co-accused Gopi Kumar
Vishwakarma. Furthermore, despite notices given to her by police
for production of caste certificate, she did not produce the same
which has been noted by the learned Special Judge, SC/ST Act,
Koriya (C.G.) in the judgment vide order dated 22-12-2021.
Except charges of the SC/ST Act, other offences are not too
grievous, hence, appellants may be granted benefit of
anticipatory bail.
7. On the other hand, learned counsel appearing for the State
submits that although, the complainant has not produced her
caste certificate, but in the FIR and also in other documents, she
has stated that she belongs to Gond community (Scheduled Tribe
category) and anticipatory bail is barred under Section 18 of the
SC/ST Act, 1989, hence, the appeals filed by the appellants are
liable to be dismissed.
8. Considered the submissions, perused the case diary and material
available on record.
9. Considering the entire facts situation of the case, nature and
gravity of offence, particularly considering the judgment dated
22-12-2021, passed by Special Judge, SC/ST Act, Baikunhpur,
District-Koriya (C.G.) for the accused Gopi Kumar Vishwakarma,
which shows that the complainant herself did not produce her
caste certificate despite several notices issued by the police,
learned counsel appearing for the State also accepted that the
caste certificate issued by competent authority has not been filed
with the charge sheet, hence, the bar of Section 18 of the SC/ST
Act, 1989 does not attract in the present case, other offences
under IPC are not so grievous in nature and those offences are
triable by Judicial Magistrate First Class, hence, I feel inclined to
grant anticipatory bail to the appellants.
10. Accordingly, these criminal appeals are allowed and it is directed
that in the event of arrest of the appellants, they shall be released
on anticipatory bail on each of them executing a personal bond
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)
with one surety in the like sum to the satisfaction of the arresting
officer with the following conditions:-
(i) that they shall make themselves available for interrogation
before the Investigating Officer as and when required;
(ii) that 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 facts
to the Court or to any police officer.
(iii) that they shall not act in any manner which will be
prejudicial to fair and expeditious trial; and
(iv) that they shall appear before the trial Court on each and
every date given to them by the said Court till disposal of the trial.
Certified copy as per rules.
SD/-
(N.K. Chandravanshi)
Judge
Amardeep
