Anil Netam vs State Of Chhattisgarh

The appellant has filed this appeal under Section 14(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, the SC/ST Act) for grant of regular bail in connection with Crime No.1/2022, registered at Police Station- Kukdajhor, District Narayanpur, C.G. for offence punishable under Sections 294 (3 counts), 323 read with section 34, 506 Part II (3 counts), 302 read with section 34 of IPC and Section 3(2)(va) and 3(2)(v) of the SC/ST Act.

As per the prosecution story, in the intervening night of 29/30.11.2021, the present appellant along with two accused persons, namely Saurav Mandal and Tony @ Rony abused Gandhoram, Shailesh and Heeralal through mobile phone. When Gandhoram, Shailesh and Heeralal went to the spot, the co-accused namely Saurav Mandal assaulted Gandhoram by means of stick embedded with nails. Gandhoram was taken to hospital where he died during the course of treatment. Consequently, Police registered an FIR as stated above. The present appellant is a member of Scheduled Tribe and therefore, offence registered against other accused persons with regard to SC/ST Act would not apply in the present case.

The learned counsel for the appellant would submit that the allegations against the present appellant is that he was present at the place of incident on his motor cycle. He further submits that the present appellant has not participated in the offence and there is no such allegation against him. He further submits that charge-sheet has been filed and the appellant is in jail since 15.02.2022, thus he would pray for grant of bail.

On the other hand, the learned counsel for the State opposes the submission.

Heard the learned counsel for the parties and perused the material available on case diary.

Perusal of case diary reveals that the main allegation is against Saurav Mandal, who caused fatal injury to the deceased Gandhoram, who succumbed on account of injury on 06.12.2021.

Considering the fact that the allegation against the present appellant is that he was present at the time of incident, charge-sheet has been filed and he is in jail since 15.02.2022; I am inclined to release the appellant on regular bail.

Accordingly, the appeal is allowed and the impugned order is set aside. The appellant is directed to be released on regular bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance as and when directed.

It is made clear that observations made herein are solely for the purposes of deciding this appeal. The trial court shall decide the matter on its own merits without being influenced by any observations made hereinabove.