Chattisgarh High Court
Priyanshu Chandrakar vs State Of Chhattisgarh on 12 May, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.A No.541 of 2022
1. Priyanshu Chandrakar S/o Khaneshwar Chandrakar, Aged About 19 Years R/
o Ward No. 28, Mauharibhantha, Mahasamund, Police Station, Tahsil And
District- Mahasamund (C.G.)
2. Pushkar Sahu S/o Digeshwar Sahu, Aged About 20 Years R/o Ward No. 29,
Near Maleriya Office, Mahasamund, Police Station, Tahsil And District-
Mahasamund (C.G.) ---- Appellants
Versus
State Of Chhattisgarh Through Station House Officer, Police Station-
Mahasamund, District Mahasamund (C.G.) ---- Respondent
Cr.A No.548 of 2022
1. Shubham Chandrakar S/o Naresh Chandrakar Aged About 23 Years R/o Ward No. 27, Shastri Chowk, Mahasamund, Police Station, Tahsil And District- Mahasamund, Chhattisgarh
2. Yuvraj Kannauje S/o Tularam Kannauje Aged About 21 Years R/o Ward No. 29, Bhalesar Road, Mahasamund, Police Station, Tahsil And District- Mahasamund, Chhattisgarh
3. Someshwar Sahu @ Chhotu S/o Late Jayram Sahu Aged About 29 Years Near Maleriya Office, Mahasamund, Police Station, Tahsil And District- Mahasamund, Chhattisgarh
4. Falesh Sahu S/o Bholaram Sahu Aged About 21 Years Near Maleriya Office, Mahasamund, Police Station, Tahsil And District- Mahasamund, Chhattisgarh
5. Nandkishore @ Rahul Patel S/o Ansingh Patel Aged About 20 Years R/o Ward No. 29, Near Maleriya Office, Mahasamund, Police Station, Tahsil And District- Mahasamund, Chhattisgar --- Appellants Versus State Of Chhattisgarh Through- Station House Officer, Police Station- Mahasamund, District- Mahasamund, Chhattisgarh ---- Respondent For Appellants: Shri Shikhar Sharma, Advocate. For Respondent/State : Shri BP Banjare, Dy. G.A. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 12.05.2022
1. These Criminal Appeals under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the SC/ST Act') are filed against the order dated 21.03.2022 passed by the Special Judge, SC/ST ACT, Mahasamund (CG) in Bail Petition No.225/2022 for grant of regular bail to the Appellants, who have been arrested in connection with Crime No.112/2022 registered at Police Station Mahasamund, District Mahasamund (CG) for the offence punishable under Sections 147, 149, 294, 323, 506, 354, 452 IPC and also under Section 3(2)(v)(A) of the SC/ST Act.
2. Case of the prosecution is that the present Appellants along with other co- accused entered into the house of the complainant and brought Krishnakant Chouhan, niece of the complainant out of the house and assaulted him and during the said scuffle, the sister of the complainant also got injured.
3. Learned counsel for the Appellants submits that the Appellants are innocent and have been falsely implicated in the crime in question for which, they are languishing in jail since 11.03.2022, they are students, the essential ingredients of the the alleged offences are not attracted against them and the trial may take quite some time for its conclusion, therefore, they may be released on bail.
4. Per contra, learned Counsel for the State had opposed the bail application.
5. Considering the facts and circumstances of the case, looking to the nature of allegations and considering the young age of the Appellants, they are in jail since 11.03.2022 and the trial may take some time for its conclusion, without further commenting anything on merits, I am inclined to grant regular bail to the Appellants.
6. Accordingly, the Appeals are allowed and it is directed that on Appellants' furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court, they shall be released on bail. They shall however, make their appearance before the concerned Court as and when so directed.
Sd/-
(Deepak Kumar Tiwari) Judge Priya