Gopal @ Gopi Patel vs State Of Chhattisgarh
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Chattisgarh High Court

Gopal @ Gopi Patel vs State Of Chhattisgarh on 1 April, 2026

                                       1


                                        Digitally signed
                                        by SHUBHAM
                            SHUBHAM     SINGH
                            SINGH       RAGHUVANSHI
                            RAGHUVANSHI
                                        Date: 2026.04.01
                                        17:27:01 +0530




                                                                          NAFR



         HIGH COURT OF CHHATTISGARH AT BILASPUR


                        CRA No. 677 of 2026



Gopal @ Gopi Patel S/o Shri Lekhram Patel Aged About 22 Years R/o
Village- Dahi, P.S. - Kurud, District- Dhamtari (C.G.)
                                                                   --- Appellant
                                  versus
State Of Chhattisgarh Though Station House Officer, P.S. Ajak/
Crime, District-Dhamtari (C.G.)
                                                               --- Respondent

Dilip Yadav S/o Shri Narayan Yadav Aged About 38 Years R/o - Village - Dahi, P.S. - Kurud, District - Dhamtari, Chhattisgarh

---Appellant Versus State Of Chhattisgarh Through Station House Officer, P.S.

-Ajak/crime, District - Dhamtari, Chhattisgarh

--- Respondent

1 - Shital Kumar Patel S/o Shri Lekhram Patel Aged About 20 Years R/o Village- Dahi, P.S. - Kurud, District - Dhamtari, Chhattisgarh

2 - Shesh Kumar Kaushik S/o Shri Uchit Ram Kaushik Aged About 23 Years R/o Village- Dahi, P.S. - Kurud, District - Dhamtari, Chhattisgarh

---Appellants Versus State Of Chhattisgarh Through Station House Officer, P.S. ( Ajak/crime), District - Dhamtari, Chhattisgarh ... Respondent

For Appellants : Mr. Avinash K. Mishra, Advocate For State : Mr. Afroz Khan, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board

01/04/2026

1. The victim appeared virtually before this Court today and recorded objection in granting bail to the Appellants.

2. These appeals, arising from the same crime number, are being heard and decided through this common order.

3. These appeals have been filed under Section 14-A (2) of the SCST (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellants as they are arrested in connection with crime number 344/2025, registered at police station AJAK, District Dhamtari (C.G.) for commission of offence punishable under Sections 296(b), 115(2), 351 (2), 118(1) & 3(5) of BNS and under Sections 3(1)(r), 3(1)(s) & 3 (2)(va) of SCST (Prevention of Atrocities) Act 1989.

4. As per case of the prosecution, the injured/victim, who is a 12th pass and ITI qualified, works as a quality checker at Kalptaru International Project Limited, Khopra Abhanpur. On 20/12/2025, he went to see the Madi festival at Dahi village with his friend Tushar Sen around 8:00-8:30 PM. The accused, Gopi Patel, Shital Patel, and Shesh Sen from Dahi village,

approached him. They accused him of having their mobile phone and asked him to show his mobile. He denied having anyone's mobile and showed his own. The accused, Shesh Sen, grabbed his collar and started abusing him. They called Dilip Yadav, who joined them, and they started beating him with fists and kicks. The accused, Dilip Yadav, Gopi Patel, Shital Patel, and Shesh Sen, threw him to the ground. Gopi Patel stabbed him with a sharp object on his back and left thigh. Thereafter, brothers of the injured came to the scene and took him to Kurud Civil Hospital for treatment. Thereafter, he was referred to Dharmari District Hospital. Based on above, offence was registered against the Appellants and they were arrested on 03.02.2026.

5. By order dated 05.02.2026 passed by the Trial Court in Special Criminal Case No.04/2026, the first bail application filed by the appellants has been rejected and vide order dated 20.02.2026 passed by the Trial Court in Special Criminal Case No.04/2026, the second bail application filed by appellants Gopal, Sheetal and Shesh Kumar has also been rejected. Hence, these appeals.

6. Learned Counsel appearing for the appellants submits that the appellants are innocent and have been falsely implicated in the case. There was no grievous injury was sustained by the victim. He further submits that there is nothing to suggest that the offence was committed by the appellants only on the ground that the victim/injured belongs to Schedule Caste. Further, there are no ingredients in the FIR regarding the Special Act. The appellants are in jail since 03.02.2026, charge-sheet has been filed and the appeals are likely to take some time to be finalized, therefore, it is prayed that the appeals may be allowed and the appellants may be released on bail.

7. On the other hand, learned Counsel appearing for the State opposes the bail application and submits that there is sufficient

evidence available on record against the appellants. Further, Appellant Dilip has a history of 3 criminal cases. Hence, looking to the stab injuries sustained by the victim, at this stage, the appellants may not be granted bail.

8. I have heard learned Counsel appearing for the parties and perused the documents available on record.

9. Considering the circumstances of the case and detention period of the appellants. Further considering the fact that the appeals are likely to take some time to be finalized, without commenting on merits of the cases, this Court is of the opinion that it would be appropriate to release the appellants on bail.

10. Accordingly, the appeals are allowed and the impugned orders dated 05.02.2026 and 20.02.2026 passed by the Trial Court are set-aside.

11. It is directed that the appellants shall be released on bail on each of them executing a personal bond for a sum of Rs. 20,000/- with one surety for the like sum to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/-

(Sanjay Kumar Jaiswal) Judge

Shubham