Chattisgarh High Court
Rahul Yadav vs State Of Chhattisgarh on 28 February, 2025
1
2025:CGHC:10083
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 248 of 2025
1 - Rahul Yadav S/o Mithai Lal Yadav Aged About 20 Years R/o Akhrabhatha, Police Station
Sakti, District Sakti (C.G.)
... Appellant(s)
versus
1 - State Of Chhattisgarh Through Police Station Sakti, District Sakti (C.G.)
... Respondent(s)
For Appellant(s) : Mr. Deepak Kumar Singh, Advocate
For Respondent(s) : Mrs. Sunita Manikpuri, Dy. G.A.
Hon'ble Shri Justice Arvind Kumar Verma, Judge
Order on Board
28/02/2025
1. This appeal under Section 14-A(2) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed
against impugned rejection order dated 12.12.2024 (Annexure A-
1) in Crime No. 404/2023 passed by learned Special Judge
(Atrocities) Janjgir, District- Janjgir-Champa (C.G.) whereby
appellant's application filed under Section 439 of Cr.P.C. for grant
of bail is rejected.
2. Appellant is in jail since 30.12.2023 in connection with Crime No.
404/2023 registered at Police Station-Sakti, District Sakti (C.G.)
for the offence punishable under Section 302, 307, 294, 506, 323,
34 of IPC and Section 3(2)(5) of SC/ST Act.
3. Case of prosecution, in brief, is that on 26.12.2023 at 1:00 pm
complainant Ramji and deceased Raju Lal @ Roshan was sitting
at water tank, Budhwari Bazar Sakti then Rahul Yadav, Sohail
Khan and Manav Sidar have come and they were demanding
chilam from complainant Ramji. Ramji has denied then they used
filthy language and then deceased Raju Lal @ Roshan has
defended himself and then they again used filthy language and
threatened to kill and beaten by hand and punch and then Sohail
Khan has beaten head of Raju Lal by stick, during treatment Raju
Lal @ Roshan has died. The complainant Ramji has lodged oral
report before police station Sakti, District- Janjgir-Champa (C.G.).
The concerned police has registered a crime no. 404/2023 for
offence punishable under Sections 294, 506, 323, 34 of IPC
against applicant and other two persons.
4. Learned counsel for the appellant submits that the appellant is
innocent and they have falsely implicated in the case. He further
contended that the eye witnesses and material witnesses has
been examined and they have not supported the prosecution
case.
5. Learned State Counsel objected the prayer stating that in the
judgment rendered by the Trial Court all incriminating
circumstances are against the accused/applicant which connects
him with the crime and chain of circumstances are fully linked and
completed with each other.
6. Heard counsel for respective parties.
7. Considering entire facts and circumstances of case, nature of
allegations, submission of counsel for appellant that the appellant
has beaten the deceased by hand and fist and the other accused
namely Sohail Khan has beaten the deceased with wooden stick
as a result of which the deceased sustained injury on his head
and during treatment he died. Therefore, looking towards the
involvement of the present appellant, I am inclined to allow this
appeal.
8. Accordingly, the appeal is allowed. Impugned rejection order
(Annexure A-1) is set aside. It is directed that appellant shall be
released on regular bail upon his furnishing a bail bond in sum of
Rs. 10,000/- with one surety in the like sum to the satisfaction of
the Court on the conditions that:-
(a) Appellant shall appear before trial court regularly on each and
every date, unless exempted from appearance.
(b) Appellant shall not, in any manner, tamper with the prosecution
witnesses.
Sd/-
(Arvind Kumar Verma)
JUDGE
Madhurima
