Chattisgarh High Court
Krishna Gupta vs State Of Chhattisgarh on 28 March, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 405 of 2025
1 - Krishna Gupta S/o Lt. Ramswarat Sao Aged About 49 Years R/o Village
- Chando (Ginjaipara), P.S. - Chando, Dist. Balrampur Ramanujganj
Chhattisgarh
2 - Vikash Gupta @ Vikrant Gupta S/o Krishna Gupata Aged About 26
Years R/o Village - Chando (Ginjaipara), P.S. - Chando, Dist. Balrampur
Ramanujganj Chhattisgarh
3 - Omprakash Gupta S/o Krishna Gupta Aged About 21 Years R/o Village
- Chando (Ginjaipara), P.S. - Chando, Dist. Balrampur Ramanujganj
Chhattisgarh
4 - Rajesh Nagesiya S/o Rampati Nagesiya Aged About 35 Years R/o
Village Gautampur (Sunapara), P.S. - Chando, Dist. - Balrampur-
Ramanujganj Chhattisgarh
... Appellant(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station -
Chando District Balrampur-Ramanujganj Chhattisgarh
Digitally signed
by SUGUNA
... Respondent(s)
SUGUNA DUBEY
DUBEY Date:
2025.03.30
12:01:07 +0530
Order Sheet
28/03/2025 Shri Sachin Nidhi, counsel for the appellant.
Shri Vivek Sharma, PL for the State.
Heard on I.A. No. 01, application for suspension of
sentence and grant of bail.
The appellant has been convicted and sentenced by
the impugned judgment of conviction and order of sentence
dated 07.02.2025 passed by the learned Special Judge,
SC/ST (Prevention of Atrocities) Act, Balrampur, District
Ramanujganj (CG) in Special Session Case (Atrocities) No.
21/2020 as under:
Conviction Sentence
Under Section 332/34 IPC RI for 6 months and to pay fine
of Rs. 500/- in default of
payment of fine to further
undergo RI for 15 days
Under Section 3(2)(v) of RI for 6 months and to pay fine
the SC/ST (Prevention of of rs. 500/- in default of
Atrocities Act) payment of fine to further
undergo RI for 15 days.
Bot the sentences are ordered to run cocurrently
Prosecution case in brief is that complainant naely
Rajesh Kumar Khalko (Fopret Guard) has lodged a written
report Ex.P-1 alleging that on 06,04.2020, when he was on
duty at Chhattisgarh-Jharkhand State border at Karcha
Barrier, at about 7.00 pm. he received information from the
informant that some persons are loading wood in a truck
from the forest of village Gautampur Parsapani. He then
informed about the same to Forest Range Officer, Chando
and thereafter went along with the security persons to catch
hold the tractor and on seeing the vehicle of the forest
personnels, they unloaded the wood and fled away from the
spot. The tractor owner was present on the spot and he
stated that he had not loaded the wood. Thereafter the
owner cal three more accused persons and they started
abusing and assaulting the complainant and have
threatened to kill him. His uniform was torn and they had
also tried to strangulate.
Complainant was present through the conerned DLSA
and have raised objection for grant bail.
It has been argued by counsel for the appellant that
the trial court has not properly appreciated the facts and
evidences available on record. He submits that the injuries
sustained by the complainant were simple in nature. He
submits that nothing has been seized from the possession
of the appellants. Lastly, he submits that the appellants No.
1 to 3 have remained in jail for 10 days and the appellant
No.4 had remained in jail for about 15 days and the appeal
is likely to take some time for its conclusion, hence the
appellants have filed the instant application for suspension
of sentence and grant of bail.
Learned counsel for the State/respondent has
objected the bail application and submits that the appellants
have assaulted the complainant and had torn the uniform
therefore, the learned trial court after appreciating the
evidence available on record, came to the conclusion
regarding guilt of the accused/appellants, which is just and
proper.
Heard learned counsel for the parties and perused the
records of the Court below.
Considering the facts and circumstances of the case
and the evidence lead by the prosecution, and the fact that
nothing has been seized from the possession of the
appellants and the appeal is likely to take sometime for its
final disposal, I am inclined to allow the application for
suspension of sentence and grant of bail to to the
appellants.
Accordingly, the substantive jail sentence awarded to
appellants by the learned trial Court is hereby suspended
and they are directed to be released on bail on each of them
furnishing a personal bond in the sum of Rs.5,000/- along
with one surety for the like amount to the satisfaction of the
concerned trial Court for their appearance before the
Registry of this Court on 15.04.2025 and thereafter, shall
continue to appear there on all such subsequent dates as
are given to them by the said Court, interval being not less
than 6 months, till final disposal of this appeal.
List this appeal for final hearing.
Consequently, I.A. No.1/25 is allowed.
Sd/-
(Arvind Kumar Verma)
Judge
