Chattisgarh High Court
Satish @ Bata vs State Of Chhattisgarh on 18 January, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.7984 of 2023
• Satish @ Bata S/o Dhansai Yadav Aged About 27 Years R/o
Ward No. 21, Near Radhakrishna Mandir, Janjgir, District :
Janjgir-Champa, Chhattisgarh
---- Applicant (In jail)
Versus
• State of Chhattisgarh Through the Station House Office, Police
of Police Station Champa, District : Janjgir-Champa (CG)
------Non-applicant
For Applicant : Mr. Ashutosh Trivedi, Advocate
For Non-applicant : Ms. S. Shrivastava, Panel Lawyer
Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
18.01.2024
1.This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicant, who is in custody since 01.09.2022 in connection with Crime No.381/2022 registered at Police Station Champa, District Janjgir Champa (CG) for commission of offence punishable under Sections 147, 148, 149, 294, 506, 323, 302 of IPC.
2. Case of the prosecution, in brief, is that in the night intervening 31st August & 1st September, 2022, a dance programme was going on in the birthday party of one Binnu alias Pinnu, at about 1:00 a.m. in the night applicant along with other co- accused persons came on spot and started dancing on floor. At about 3:00 a.m. Bhikam has switched off the music as a result accused persons got annoyed and started assaulting him. Kaleshwar Dewangan and Karan Chouhan tried to intervene whereupon accused persons assaulted them also. 2 In order to save himself, Karan climbed on the roof of building, however, the accused persons chased him and threw him from roof to the ground as a result he suffered grievous injuries. Kaleshwar succumbed to the injuries on the way of hospital. Incident was reported in concerned police station based upon which instant crime was registered and applicant along with other accused persons was arrested.
3. Learned Counsel for applicant would submit that applicant is innocent and has not committed any offence as alleged against him. Karan Sahis ((PW-1), lodger of report, Bhikam Dewangan (PW-2), Binnu Dewangan and Karan Chouhan are stated to be eyewitnesses of incident, however, in their evidence recorded before the Court, these witnesses have not supported the case of prosecution. Apart from statement of aforementioned witnesses, there is no other connecting piece of material against the applicant. Applicant is in custody since 1.9.2022, therefore, he may be enlarged on regular bail.
4. Per contra, learned State Counsel opposes submissions made by learned counsel for applicant and submits that the eyewitnesses of incident have made specific statement that the deceased was assaulted by accused persons including applicant herein. Deposition/evidence of prosecution witnesses relied upon by learned counsel for applicant is subject matter of appreciation by trial Court. On a query being put by the Court regarding criminal antecedent of applicant, she replied that there are three criminal antecedents against the applicant, out of which, one is of the year 2015 and two 3 are of 2018. Crime registered against applicant in the year 2015 relates to the Gambling Act and the offences registered in the year 2018 are under the Excise Act and the IPC.
5. I have heard learned counsel for the parties.
6. Taking into consideration the facts and circumstances of case, nature of allegations, submission of learned counsel for applicant based on deposition of eyewitnesses, submission of learned State Counsel that applicant and other accused persons were arrested based on the statements of eyewitness of incident, period of detention of applicant, without commenting anything on merits of case, I am inclined to enlarge applicant on regular bail.
7. Accordingly, application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;
a) he shall appear before trial Court concerned regularly on each and every date unless exempted from appearance.
b) he shall not, in any manner, tamper with prosecution witnesses.
c) If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules.
sd/-
(Parth Prateem Sahu) Judge roshan/-