Ashutosh Bohidar vs State Of Chhattisgarh
2022 Latest Caselaw 6812 Chatt

                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order Sheet

                        Criminal Appeal No. 1228 of 2022

                          Ashutosh Bohidar Versus State of CG




15/11/2022
                   Shri Hari Agrawal counsel for the appellant.

                   Shri Adil Minhaj, GA for the respondent/ State.

Notice issued to the complainant/victim has not been served.

2. On various occasions notices were issued to the complainant but the same could not be served.

3. Counsel for the State submits that the State is making all eforts to serve the complainant/victim but he is not traceable. Counsel for the appellant submits that it is the duty of the public prosecutor of the State Government to inform the complainant/victim with regard to pendency of this appeal. He relies upon the judgment of Allahabad High Court in the matter of Ajeet Chaudhary v. State of UP and another reported in 2021 SCC OnLine All 17 : (2021) 114 ACC 564 : (2021) 4 All LJ 597, particularly paragraph Nos. 56, 61 and 62, which read as under:

"56. Direct responsibility for service of bail notice upon the victim under the Act is upon the State. The Act does not contemplate sending of bail notice to the victim by the Court. At least not till the State fails in its duty to serve notice. Further, issuance of notice by the Court does not have added efficacy in these cases, since ultimately service upon victim is efected only by the State agencies.

61. In case State fails to serve notice upon the victim for various reasons, what would be the fate of the stipulated time line. The defnition of victim under the Act is inclusive. The State is in possession of material details of the victim for service. Further State has the resources and the responsibility to serve notice. It is always open to the State to adopt diferent modes of service including publication in the newspapers.

62. Failure to serve notice of bail upon the victim, is failure of the State to perform its statutory function. The accused cannot be visited with penal consequences for the default of the State. The erring officials have to be proceeded against as per law. Placement of the bail application/bail appeal before the court cannot be deferred for non service of notice after the expiry of the time line stipulated below.

4. In view of the aforesaid decision, the State is directed to serve the victim/complainant through whatever possible means including paper publication, apprising him of pendency of this appeal. List the case on 09.12.2022.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi