Chattisgarh High Court
Vijay Sharma vs State Of Chhattisgarh on 21 February, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1525 of 2021
1. Vijay Sharma, S/o Late Ratanlal Sharma Aged About 48
Years R/o Mahavir Swami Chowk Kawardha, Police Station
And Tehsil Kawardha, District Kabirdham, Chhattisgarh.
2. Kailash Chandravanshi S/o Komal Chandravanshi Aged
About 39 Years R/o Kanjheta, Police Station Pandatarai,
Tehsil Pandariya, District Kabirdham, Chhattisgarh.
---- Appellants
Versus
1. State Of Chhattisgarh, Through Police Station Kawardha,
District Kabirdham, Chhattisgarh.
2. Arun Kumar Meshram S/o Shyamdas Meshram Aged About
49 Years Incharge Officer Collector Office, Kawardha,
District Kabirdham, Chhattisgarh. ---- Respondents
For Appellants :- Mr. Prafull N. Bharat, Senior Advocate with Mr. Manoj Paranjpe, Advocate.
For Respondent-State :- Mr. Sunil Otwani, Addl.A.G. Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 21/02/2022
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the appellants who have been arrested in connection with Crime No.824/2021 , registered at Police Station Kawardha, District - Kabirdham C.G. for the offence punishable under Sections 186, 294, 506 read with Section 34 of the I.P.C. and Section 3(1)(द)(ध) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989/ Amendment Act, 2015.
2. This appeal has been preferred under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order passed by the Special Judge (Atrocities), Kabirdham C.G. dated 11.11.2021.
3. Case of the prosecution, in brief, is that on 20.9.2021 appellants entered in the office of complainant and abused him in the name of his caste for making Ration card. Thereafter, the offence was registered.
4. Learned counsel for the appellants would submit that the appellants have falsely been implicated in crime in question. He would further submit that appellants are in jail since 26.10.2021, therefore, they may be enlarged on bail.
5. Per contra, learned State counsel opposes the bail application and submits that the appellants are hardcore criminals and against Vijay Sharma, 8 criminal cases are registered and against Kailash Chandravanshi, 6 cases are registered and even they have misused the liberty granted in pursuance of the parole order passed by the Session Judge that they are required to surrender on 08.2.2021. Even on rejection of the interim protection order by the High Court the appellants have not surrendered so they have misused the liberty, considering the previous criminal antecedents of the appellants, this is not a good case for grant of bail, therefore, prays that their appeal be dismissed.
6. Learned counsel for the appellants submit that there are pending cases registered against the appellants such grounds cannot be the basis for refusal of prayer of bail and for this he placed reliance in the matter of Prabhakar Tewari Vs. State of Uttar Pradesh And Anr. passed by the Hon'ble Supreme Court, [(2020) 11 SCC 648].
7. Replying to the aforesaid objection learned Mr. Senior Advocate for the appellants submit that the Session Judge granted parole in pursuance to the Hon'ble Supreme Court order passed in SMW(C) No. 1/2020 dated 16.07.2021 passed the order that the person who have granted parole shall not surrender until the further order, therefore, they have not misused their liberty granted on parole. Further submitting that the cases registered against the appellants as the appellants are political public figure, therefore, against the irregularities by the Public Functionary they have made protest, therefore, all the cases registered against them relates to such agitation and appellants in some of the cases have already been acquitted and in all cases they have been granted bail.
8. Having considered the submission and nature of the allegation particularly considering the fact that the complainant himself sent a complaint to Police Station Ajak, Kabirdham vide Collector (Food Section) Kabirdham letter number 662 dated 21.9.2021 in which there is no allegation about the offence has been mentioned on the ground of SC/ST Act and the other offences are bailable in nature as also appellants are in jail since 26.10.2021, therefore, this Court is of the view that present is a good case for granting bail to the appellants.
9. Accordingly, the appeal is allowed. It is directed that appellants be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.
Certified copy as per rules SD/-
(Deepak Kumar Tiwari) Judge Ayushi