Bhola Gupta vs State Of Chhattisgarh

The present appeal is arising out of order dated 28/08/2021 passed by the Special Judge (Atrocities), Balrampur in Bail Petition No.301/2021.

The appellant has preferred this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989 (for short 'the Act, 1989') for grant of anticipatory bail under Section 438 of the Cr.P.C. as he apprehends his arrest in connection with Crime

No.25/2021, registered at Police Station AJJAK Balrampur, District Balrampur Ramanujganj (CG) for offence punishable under Sections 294, 323,

456, 506 & 34 of IPC & U/s 3(1)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

As per the prosecution case, earlier dispute broke out in between wife of one Dhansai who is driver of the present applicant Bhola Gupta and

Itkumari who is daughter of Sukeshwar. Subsequently, when Dhansai came back he assaulted Itkumari by way of rod and abused in the name of the

caste wherein the appellant was also present.

Learned counsel for the appellant would submit that complainant Sukeshwar belong to OBC as per the certificate issued, therefore provision of SC

and ST Act would not be applicable. He further submits that no overt act has been done by Bhola Gupta. He was only present at the spot and tried to

intervene and main assault was done by Dhansai, therefore, the appellant may be enlarged on bail.

Per contra, learned State counsel opposes the prayer for grant of bail.

Complainant appeared through video conferencing from DLSA Balrampur and objected to grant of bail.

Heard learned counsel for the parties.

Prima facie the reading of the document of the complainant would show that he belongs to OBC category. The statement of the victim would also

reveal that main allegation is attributed to Dhansai and only presence of the appellant has been shown. Considering the same, I am inclined to extend

the benefit of Section 438 of the Cr.P.C. to the appellant.

Accordingly, the appeal is allowed and the impugned order is set-aside.

The appellant is directed to be released on anticipatory bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the

like sum to the satisfaction of the Arresting Officer with the following conditions:

(i) he shall make himself available for interrogation by a police officer as and when required;

(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court or to any police officer.

(iii) he shall not influence the witnesses during pendency of the trial.